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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am 17 and live with my Mum and 2 brothers. I am about to

Customer Question

I am 17 and live with my Mum and 2 brothers. I am about to change schools after my GCSE's to start A'levels. I would like to change my name to my mothers' maiden name by adding it on to the end. I want to be referred to by her maiden name (and the rest dropped but will keep my original surname within) Do I have to have consent from my father who does also have parental responsibility? He pays my Mum maintenance. Would this be affected? It is confusing as some sites say I can change my name as an adult at 16 and some 18. I think it is doubtful he would give consent. Can I apply at 17 without both parents consent when they are divorced?

Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
Parental consent to a change if name is ***** ***** for a child aged over 16.
You can technically change your name to any name that you like at any point when you are over 16.
Difficulties can sometimes arise when you apply for official documents and you haven't got any proof that you have changed your name.
You should consider creating a Change of Name Deed Poll to record the new name you would like to use.
A service such as Deed Poll UK can help create a document for you:
http://www.deedpoll.org.uk
Kind Regards
Caroline
I would be grateful if you could rate my answer positively.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

If I change my name does that give my father the opportunity to stop paying my child maintenance to my mum which he has to do until I am 18

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Changing your name will not effect your dad's liability to pay maintenance.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Ok. That is what I was hoping. I was confused as when I looked on the gov site it says 18 and parental responsibility before. I want it official as would need to change my passport etc so want it by deed poll.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
That's ok - not sure which Gov site you were on - but you can change your name at 16 without the need for consent.
This Gov guidance confirms this
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/118592/childr-applications-change-name.pdf
Page 7 para 5
The site I mentioned in the earliest post can help you with your Deed poll.
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes. I'm looking through those. Thank you.
If there is a contact order in place re every other weekend contact and holidays etc does that make any difference to me being able to change my name at 17? I don't want to cause any issues for my mum.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
No this wont cause any issues at all.
A court wont even enforce a contact order once a child reaches 14 - if they say that they don't want to go - even if you did this - it wouldnt affect you dads liability to pay maintenance - he has to keep paying this until you finish your A levels.
Kind Regards
Caroline
Customer: replied 1 year ago.

I'm really confused having read this

www.theguardian.com/money/2013/jun/29/deed-poll-websites-avoid.

This is about the link you provided to UK DEEDPoll service.

I need some clarity on this as not sure your advice is correct

http://www.theguardian.com/money/2013/jun/29/deed-poll-websites-avoid

Customer: replied 1 year ago.

https://www.gov.uk/change-name-deed-poll/change-a-childs-name

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I'm sorry the link won't work.
I have access to an official service at work and will provide this for you tomorrow. I'm very certain that the current position is that consent isn't required because if the matter was being decided by a Court the they are very likely to listen to your wishes about what you want to do - given your age.
I can see how the internet is confusing though!
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok. Thank you.
I've ordered a pack from The UK Deed poll service online as per your link but the links above if you put in manually say that these sites are scams and that you shouldn't have to pay for changes or deed poll. The gov site says its 18.
I'm really confused and wondering if the pack I've ordered is a waste of money and valueless.
Thanks.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thanks for the Gov link
This conflicts with the Gov link that I gave you.
As above I am very confident you don't need consent because a Court would likely listen to your wishes and feelings and therefore it has become the position that at your age consent is no longer required.
I'll copy and paste you the guidance tomorrow.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
What you've ordered is not meaningless - you will have a record of your change of name which is required when applying for official documents.
As mentioned in first post you can change your name with no record but then it's hard to prove. Some people do create their own documents rather than paying for one to be done for you - but you would still have to pay a solicitor to witness this if you did it that way.
Kind Regards
Caroline
Customer: replied 1 year ago.

From 1 September 2009, the Children and Young Persons Act 2008 amended the Children Act 1989 so that a residence order, unlike other court orders granted under Section 8, will last until the child reaches 18 unless the courts direct the order should end earlier, or another order is made discharging the residence order before that date. As a result of this change, where a residence order is issued on or after 1 September 2009, consent to the change of name from everyone with parental responsibility will be required until the child reaches 18.

Customer: replied 1 year ago.

Thats from the link earlier.

OUr court order is in that date frame.

Its very confusing

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
This only applies if your parents went to court to decide who would look after you.
Kind Regards
Caroline
Customer: replied 1 year ago.

But it talks about name change and saying that orders made after this date for contact time etc fall in to this slot so the order is valid until child is 18?

As a result of this change, where a residence order is issued on or after 1 September 2009, consent to the change of name from everyone with parental responsibility will be required until the child reaches 18.

Expert:  ukfamilysolicitor replied 1 year ago.
That's ok will check tomorrow
Did your parents go to court previously? Sorry wasn't in your post before
Kind Regards
Customer: replied 1 year ago.

THey have a contact order. I did mention it and one for maintenance.

The court contact order is for the 3 of us. WE live with Mum it just gives the every other weekend times with our Dad ie 9.15 sat- sun at 5.15, 2 weeks holiday etc but Mum said it was 2009. I dont see my Dad and my brothers go most of the time, but the middle one not on holidays or every other weekend. just sometimes when he wants to. Its flexible but there is a contact order.

Expert:  ukfamilysolicitor replied 1 year ago.
Ok
And does it also mention residence or just contact?
Kind Regards
Customer: replied 1 year ago.

it says

Order - contact order

section 8 children act 1989

Customer: replied 1 year ago.

On the second page it says

Warning

Where a residence Order is in force no person may cause the children to be known by a new surname or remove the children from the UK withouth the written consent of every person with parental responsibility for the chilfen or the leave of the court.

Where a contact order is in force: ifyou do not comply with this contact order you may a be held in contempt of court.........

Expert:  ukfamilysolicitor replied 1 year ago.
Hello they are standard
Does it say - children shall reside with....
On pages before?
Customer: replied 1 year ago.

No

Customer: replied 1 year ago.

Just lists contact

the mother shall make the hildren available on etc etc

Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Looks like just a contact order was made then and no residence order
Just looking at Gov again and can see why your confused!
Will send you my guidance tomorrow
Kind Regards
Caroline
Customer: replied 1 year ago.

ok thanks

Expert:  ukfamilysolicitor replied 1 year ago.
That's ok
Take care
Expert:  ukfamilysolicitor replied 1 year ago.

Good Morning

This is the guidance that Solicitors access on Lexis Nexis. You do need to sign the deed yourself.

Changing a child's name-client guide

View Drafting Note

Who can change a child's name?

A child acquires
their name when it is registered
shortly after their birth by their mother or father, or someone else with
parental responsibility. The birth certificate is the official record of the child's name,
as well as their date of birth
and who their parents are.

It is possible to
change a child's forename or
surname, or add more names. There
are some restrictions on names
that can be used, based on public policy.

The rules
regarding children provide that:


if only one
parent or person has parental responsibility for the child, that person can lawfully change the child's
name;


if two or more
people have parental responsibility for a child, all of
them must agree to change the child's name-an agreement does not have to be in writing, but it is
very helpful if it is; if they do not agree then an application must be made
for the court's permission to allow a
change of name;


if a child arrangements order is in
force that regulates the arrangements relating to with whom the child is to live and when the child is to live with any person,
the child's name cannot be changed without the written agreement of everyone with parental
responsibility or the permission of
the court.

A child's name
can be changed at any time so long as it is not done with the intention of deceiving someone else.

View Drafting Note

How does it
work?

There is no set
legal procedure that has to be followed in order to change a child's name,
provided all the people who need to give their consent have done so. Everyone
simply starts using the new name.

However, many
official organisations require evidence that a name has been changed so it is a good idea to draw up a change of name deed to provide evidence of the name
change. Everyone with parental responsibility for the child needs to sign the deed and those signatures need to be
witnessed. If a child has
attained the age of 16 and is
not, and has never been, married or a
civil partner they should indorse the deed with their consent signed in both
their old and new names. In the
case of a child who has
attained the age of 16 and is
or has been married or a civil
partner they should complete an adult form of deed. A
deed poll may then be enrolled in the Central Office, Filing Department of the Supreme Court. There is no
requirement to enrol the deed but enrolment will provide a public record of
the execution of the deed and a person's change of name.

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

so as to clarify - as you are 17 - you have to complete the adult form of deed. The ad

form of deed does not need to be signed by anybody else other than you.

Kind Regards

Caroline

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