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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I want to change my 4 years old sons last name to mine as hes

Customer Question

I want to change my 4 years old sons last name to mine as he's got his biological farther's name. I split from my sons biological farther when my son were 2 moths old as he were violent and using drugs (which I didn't know about) I had to get a harassment charge put out against him as he started stalking me and threatening me. My sons farther took me to mediation to get to see his son when his son were 6 months old, I let his have supervised contact for an hour a week but after a few months he didn't want contact anymore (as he got married and started a new life, which he but his wife in hospital) My sons farther hasn't paid a penny to me (which I don't want him to) and has not seen his son in 3 years. I have not seen my sons farther in that time either and have heard rumours in that time that he's moved away. I do not have any contact with his family at all. My son started nursery nearly a year ago now and keeps saying to the teachers that his last name isn't right, if I tell him off and say his full name he says it's not that it's the same as mine. How can I change my sons surname to mine? Have I got to file for abundance before I can change it by de-poll?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Is his father likely to agree to the change?
Customer: replied 3 years ago.
I'm not sure if his farther would agree to the change as I did ask him 3 years ago and he said yes he would but then he moved away. I'm really not sure with his medical states as when I last seen him he's were taking drugs again and he'd say one thing then do something different and I couldn't relay on his answer as at one point he only wanted to see his son so he could see me. I hope that this helps any as I haven't seen/heard from him in 3 years and don't know where or how to contact him. It's hard as to be honest I don't want to get in contact with his with what he put me through in the past with the domestic violence, and his habits. Hope that this makes sense.
Expert:  Clare replied 3 years ago.
Do you have details for any of his family so that you could contact him through them?
Customer: replied 3 years ago.
I haven't seen my sons farther's family in more or less the same amount of time I've seen him, they know where my mum lives and the first year they kept in touch, I let his mum have my son a couple of hours a week over the space of 2 days but unfortunately she said that it was to much for her so we agreed to cut it down to 1 day a week and then that became to much for her, I haven't seen her even in passing in the last year or so, this is where I'm stuck about trying to get my sons name changed, hope this helps
Expert:  Clare replied 3 years ago.
But you do know where they live?
Customer: replied 3 years ago.
I did a few years ago but I'm not sure now as iv heard rumours that's they've moved a while ago
Expert:  Clare replied 3 years ago.
The only way that you can officially change his name is with the written consent of the father or an Order from the Court.
From what you have said there is a chance that of you send him a letter to sign confirming his agreement (with a stamped envelope) he will do so which would be easier for you.
You could try and trace him using an Enquiry Agent (private detective) at a cost of £90 or so - unless Social Media helps
If that is not possible, or he will not sign it, you will need to apply to the Court for a Specific Issue Order to request permission to Change his name
The form you need is here
and the fee is £215.
You will however still need to try and trace your ex so that he can be served with the paperwork.
If all else fails you can ask the court for an Order that the DWP release his address TO THE COURT
I hope that this is of assistance - please ask if you need further details