[Solved] school problem

Hi Soccerman,

I have asked the Coram's Children's Legal Centre to pop by and tell you where you stand legally on this.

Regards

Gooner

Thank you very much that would be much appreciated, I really am at my witts end, life right now is not so good as im sure it is for many members, but this woman does not realise how it affects children and the things that will happen as they get older and questions they will have to answer all she can see is what pleases her and hurts me ad as no regard for anything or anyone else. I need help PLEASE

Hi Soccerman,

Your son’s legal name remains the name that is on his birth certificate, unless it has been changed legally via Deed Poll. Whether the mother will have been able to change your son’s surname will depend on whether or not you have Parental Responsibility (PR) for your son.

If your son’s birth was registered after the 01/12/2003 then you will have PR for your son due to being named on his birth certificate. If however the birth was registered prior to this date then you would not have obtained PR via the birth certificate, if this was the case you would only have PR if you were married to the mother, if you have had a Parental Responsibility Agreement or Order made or if you have had residence of the child awarded to you through a Residence Order or a Child Arrangements Order.

If you do have PR for your son then the mother would require your consent or a court order to enable her to change your son’s surname legally. If the mother has not done this then your son’s legal surname should remain as it is on the birth certificate and the child should be registered at school with his legal name and should be on the school roll as such. If you have PR you would be entitled to go the child’s school and inform them of your son’s legal surname and provide them with a copy of the child’s birth certificate.

Although the child should be on the school roll under this legal surname there would not, in the absence of any court order saying otherwise, be anything to prevent the mother using what is called a ‘known as name’. The use of a ‘known as name’ allows a child to be referred to by a name other than their legal name, although on official documents the legal surname should remain the child does not have to be spoken to by this name.

If the mother is using a ‘known as name’ and you do not believe its use is in the best interests of your son then you can take steps to try and end its use. Firstly you should try and resolve the issue between you and the mother, if this cannot be done directly then you should attempt to resolve this through mediation. This would involve you, the mother and a third party mediator coming together to try and resolve this without recourse to court action. Mediation is now mandatory and must be attempted before any application to court is made. For more information on mediation and for assistance in organising this you can contact National Family Mediation on 03004000636.

If you cannot resolve this through mediation then you would have the option of applying to court for a Prohibited Steps Order to prevent the mother using a ‘known as name’ and allowing your son to be referred to any name other than his legal name. In order to make this application you would need to use a C100 form, available from your local Family Court or online at www.justice.gov.uk. There are two guidance leaflets, CB1 and CB3, available from the same sources that will assist you with completing this form.

In deciding whether or not to grant a Prohibited Steps Order the court will consider what they feel is in the best interests of your son’s welfare and in order to do this they will consider the welfare checklist:

• Wishes and feelings of the child (weight given to these feelings depends on the age of the child, more weight being given to a child over the age of 11).
• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs.

If you do apply to court there will be a fee of £215 for applying on a C100 form for a Prohibited Steps Order. However if you are on a low income or on benefits you may be eligible for a full or partial fee exemption and should consult the fee exemption form EX160A, again available from the same sources as above.

If you require any further advice please do not hesitate to contact us. Our advice line phone service on 08088020008 is available Mon-Fri between 8:00-20:00.

Kind Regards,

Coram Children’s Legal Centre