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Hi, have been separated from my partner for a few years, we have a 7 year old son.
She is about to marry, our son currently has both our surnames, but my ex partner (primary) wants to chage his surname to her new one.
Can she do this?
Any advice greatly appreciated
David
Hi,
What she can do depends……
Are you named as the father on the birth certificate of the child.
If you are, then it’s all simple.
If you are not, then you are fooked!
If you are named on the birth certificate, this grants you joint Parental Responsibility (PR ) with the mother, thus granting you equal say (essentially rights).
Given that the boys surname is already listed on the birth cert as being the same as the father (yourself), then your ex CANNOT legally change their 'known as' name in school, doctors surgery etc without your consent.
How Can it Change?
In order to make the change of name, officials need permission from both parents with parental responsibility. You have parental responsibility if you are named on the birth certificate, have a court order for parental responsibility, you married mother after the child was born, or you were married at the time of birth (see our article on Separation Rights for Fathers.)
www.separateddads.co.uk/can-ex-change-childrens-names.html
However this does not mean that any agency (e.g. school) will check before allowing this.
You WILL have to enforce your rights.
1.
This means first applying for a 'prohibited steps order' to prevent any such behaviour in the future.
www.gov.uk/looking-after-children-divorce/types-of-court-order
www.gov.uk/looking-after-children-divorce/apply-for-court-order
2.
I would also strongly suggest that you at the same time write to the boy’s school and GP Surgery.
Send them a copy of the birth cert.
Point out that the boys surname is such, and that as joint PR holder you have not granted permission for the boys to be registered with another surname.
Ask them to alter the surname forth with, mentioning that you will take the matter to court if they do not respond in a timely manner.
3.
Then when you get the prohibited steps order in place, serve this to the school and your ex.
Thanks for a brilliant response.
I am on birth vert. so my mind is at ease and will follow up on the links you posted.
Thanks again
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