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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi Im unsure where I stand on this Id like to change my 3youngest

Resolved Question:

Hi I'm unsure where I stand on this I'd like to change my 3youngest children's surnames to my married surname as there father has nothing to do with them, he doesn't pay maintance but will send a birthday n Christmas present,also he has a son that lives five minutes away from me and still doesn't visit them,his name is XXXXX XXXXX twins birth cert but not the youngest can I change there names without his permission
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if all of your children were born after 2003 please? Were the born in either England or Wales?

Joshua :

From what you say would their father refuse permission do you consider?

Joshua :

Have you discussed the possibility of changing names with the children if they are old enough?

Customer: Twins were born in 2010 n the next one in 2011 i don't think he would give me permission if I was to ask but then he doesn't even bother with them
Customer: Born in england
Joshua :

Thanks.

Joshua :

Based on what you say if the father is named on their birth certificates he will have joint parental responsibility. Accordingly the starting point would be that his permission would be required. If this is not forthcoming then it is still possible to proceed however a court order would be required. This creates some complications potentially given the childrens ages...

Joshua :

A court will be prepared to give permission for a change of name if it believes it will be in your childrens best interests to allow the name change. The court will take into account amouunt of commitment of their father to your children and the quality and frequency of their contact.

Customer: Ok thank yo the isn't on the youngest child's birth cert so I don't need his permission for changing her surname
Joshua :

However your childrens age will also be a significant factor. In general it is difficult to persuade a court to change a name without both parents consent where the child is under the age of 5 unless there has been violence on the part of the father.

Joshua :

May I address your last question in a few moments?

Customer: Ok
Joshua :

It is typically easier to apply for a change of anme for children over the age of 11 -assuming they want to change their name - because the court will take into account the views of your children. Once your children reach the age of 14 it is almost a rubber stamping exercise as the views of the child are then paramount. If you desire to change the names of children under 11 then this is possible but it will often be better to adopt a two stage approach of double barrelling their surnames in the first application with the new name and then a further application later to remove the original name. The above issues will still be considered but this approach tend towards greater success in general

Joshua :

I note you have gone offline. Would you like to continue? In particular with regards XXXXX XXXXX last above question?


 

Customer: Sorry I was doin school run n thought my message had sent l
Customer: l
Joshua :

Don't worry; thats fine. Would you like me to respond to your last question above?

Customer: I'm going to leave it a month and see if there father makes contact to see if not then I'll ask him for permission on the name change
Joshua :

with regards XXXXX XXXXX child on his birth certificate the father is not named, on the basis you are not married to the father at the time of childbirth, you would have sole parental responsibility for that child and therefore would not need the father's consent in order to change their name.

Joshua :

For that child, you could simply elect to change their name using a deed poll. with regards XXXXX XXXXX other children on whose birth certificates the father is named, the position would be as above and initially, asking for his permission would be the first step exactly as you say

Joshua :

is there anything above I can clarify for you any further?

Customer: I think that's all I just wanted to check how I go about this thank you for your help today
Joshua :

a pleasure. If I can assist any further as the situation develops, please do not hesitate to revert to me.

Customer: Thank you
Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: Will do hopefully he will give permission but I doubt it tho so maybe in contact again
Joshua :

Many thanks. I hope you can agree the matter between you

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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