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[Solved] Surname issues

 
(@tpandrews)
Active Member Registered

Hi Chaps

Hopefully this one should be pretty common and straight forward but I can only find answers on Mums forums and they give a very biased viewpoint.

Brief background is that my ex wanted to rename our daughter to a double barreled surname incorporating both of our surnames because she didn't want her to feel left out when she went to school. (I've since found out it's because she didn't want the hassle at border control but that's by the by).

I declined the request because of a half decade long battle over actually getting to see my daughter and I felt that this would have been a step further away from seeing her again.

I have maintained phone contact and to my surprise the other day, she told me her name was the double barreled version that I hadn't authorised. Obviously what has happened is that my ex has told her that's her name and she has no reason to disbelieve her.

Mums forums answer this as, 'she has the ability to decide when she is old enough'. When in actual fact they have forced a made up name upon their children who will always assume it to be true and will therefore continue to use it to adulthood. There is no choice involved, your name is your nurture, your identity.

Perhaps I'm over reacting but does no one else see this as borderline emotional child abuse? When I told my daughter that wasn't her name, she got really quite upset.

The reason this is in the 'Legal Eagle' section is because I want to know what I can do to protect my daughters name.

Thank you for reading.

Quote
Topic starter Posted : 27/09/2015 9:14 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

Your ex can't change your childs name legally without your agreement, but she can call her by another name if she wishes, at school or with the GP.

She can't use that name to apply for a passport though, as she would need to provide the passport office with her original birth certificate and the change of name deed poll.

If she has applied for a change of name by deed poll your permission would have been required and if she lied on the form about that then you may be able to apply to have her name changed back.

ReplyQuote
Posted : 27/09/2015 9:31 pm
tpandrews and tpandrews reacted
(@AdamsDad)
Estimable Member Registered

Hi.

I spent few hours earlier today in relation to surname changes. Firstly you are correct there are many bias posts on mothers groups in relation to this and they all happily admite it.

Please note ex cannot change or amend surname if it is on the birth certificate without the other person's consent. Providing that you have parental responsibility.

Also note if she does go ahead and carry our such actions you can apply to court for prohibited steps order or specific. Providing you have sound reason as to why you believe the change should not occur then court will consider it. You can always say your ex made change without your consent.

best of luck.

ReplyQuote
Posted : 28/09/2015 1:39 am
tpandrews and tpandrews reacted
(@Nannyjane)
Illustrious Member Registered

Here's a link to a Coram information leaflet about this....I think what Mojo was talking about is referred to as the "known as" name and it is explained in the leaflet. However AdamsDad is also right inasmuch as an application to court can be made to try and prevent this.

http://www.childrenslegalcentre.com/userfiles/Changing%20a%20chil d's%20surname.pdf

ReplyQuote
Posted : 28/09/2015 1:58 am
tpandrews and tpandrews reacted
(@halfoyster)
Reputable Member Registered

Having been through it myself, if there's a current court order that also prohibits a change of surname.

A prohibited steps order is the legal way to stop any direct or indirect change of name. The bigger hassle I find is reverting back to the birth surname after the initial change.

ReplyQuote
Posted : 28/09/2015 5:17 pm
tpandrews and tpandrews reacted
(@dad-i-d)
Noble Member Registered
(@tpandrews)
Active Member Registered

Thank you everyone for your friendly advice. Some food for though there.

ReplyQuote
Topic starter Posted : 29/09/2015 9:10 pm
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