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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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 have just remarried and would like to double barrel my childrens

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I have just remarried and would like to double barrel my children's surname. They would still keep their father's surname (we were married when they were both born) but I also want to add my new surname to theirs. They do not see their father but he pays maintenance through a CSA deduction from earnings order. My children are 11 (nearly 12) and 8. They are happy to change their surname and I have the relevant form to send to court but I am worried that my ex will drag us through court because I know he will not agree to it.
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola

Thanks for replying. I am happy to wait a little longer. I was just anxious becasue I have never used this service before and I was worried it wasn't genuine.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long is it since they saw their father?
I assume that you have a C100 and plan to ask sthe court for permission?
Clare
Customer: replied 2 years ago.

Hi Clare

The last 'proper' contact was in February 2010. I left him on 1 November 2009 and up until February 2010 they stayed at his house for 3 nights midweek and then a weekend afternoon (i.e. 3.5 days a week so that maintenance money would be halved). This was quite disruptive for the children. Therefore, my solicitor wrote to him suggesting contact every other weekend but he refused, saying that he didn't want to babysit for me to go out and enjoy myself. These days, they see their father now and again for a few minutes in school because unfortunately he is Chair of the school governing body and bizarrely has continued in this role even though he has no other contact with them. I believe he saw them at school for 5 or 10 minutes sometime in May. Yes, I do have form C100, but when I realised that I had to put his details down as a respondent I became quite anxious. I have avoided bringing the Court's attention to my children up until now. The school explained to me that I would have to get a Court order to remove him from the governing body and I have been too afraid to go that step further in case we would be called to Court. I now firmly believe that contact with their father would be of detriment to the children. When I completed my divorce application I did explain on the form that we could not agree on contact times, but nothing ever came of this and the divorce was granted anyway in September 2010. Also, he has never applied to Court for access rights, which again I have found quite odd.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the only way that you can alter their names is if their father agrees or you persuade the Court to make an Order.
You will indeed have to ensure that your ex receives a copy of the court application and notice of the hearing date.
He is entitled to use the hearing to start an application for a Child Arrangement Order giving him contact with the children - and I am afraid that nothing you have said so far makes it likely that the court would not order contact
The fact that you are hoping to double-barrel the name makes it a little more likely that the Court will at least consider the application, but it would be more likely if it was clear that the motivation for this came from the children rather than them simply being happy with your suggestion.
On balance I would say at present it is more likely that the court would not agree with the change rather than that they would - BUT that is based on the limited information that you have given me and it may be that if I read all the paperwork I would be less pessimistic
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

I thought this might be the case. I have avoided making an application to Court regarding the children because in my mind if he really wanted access then he would have done something about it long before now. He also refused to take them to any activities/parties when he had them. Both my children play a lot of sport and it would be really upsetting for them if he didn't take them to their actvities. He also took an overdose when I told him I was leaving him. I have always been concerned about his mental stability, that is why I left him in the first place. How do I demonstrate to the Court that the motivation for the name change has come from them? I also have letters from him stating that he wouldn't be seeing the children until they were old enough to want to go to him of their own free will.

Expert:  Clare replied 2 years ago.
Hi
Your youngest is too young for the decision to be their's - the older child is certainly old enough for his/her wishes to be relevant - bit to be frank I think your current chances of success are limited
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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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