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Happy new year boys and girls !!
Quick one, I'm on my boys Birth Certificate, his name is my surname on both that and his passport.. But she has registered him with his nursery under her surname.. Is that legal?!? As that child doesn't exist? He is 3
Hi,
Given that 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.)
http://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.
https://www.gov.uk/looking-after-children-divorce/types-of-court-order
https://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 school.
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.
Hi,
Given that 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.)
http://www.separateddads.co.uk/can-ex-change-childrens-names.htmlHowever 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.https://www.gov.uk/looking-after-children-divorce/types-of-court-order
https://www.gov.uk/looking-after-children-divorce/apply-for-court-order2.
I would also strongly suggest that you at the same time write to the school.
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.
Emailed the nursery today, and will be applying for a steps order ! thank you !!
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