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?
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
I'm really confused having read this
This is about the link you provided to UK DEEDPoll service.
I need some clarity on this as not sure your advice is correct
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.
Thats from the link earlier.
OUr court order is in that date frame.
Its very confusing
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.
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.
Order - contact order
section 8 children act 1989
On the second page it says
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.........
Just lists contact
the mother shall make the hildren available on etc etc
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 acquirestheir name when it is registeredshortly after their birth by their mother or father, or someone else withparental responsibility. The birth certificate is the official record of the child's name,as well as their date of birthand who their parents are.
It is possible tochange a child's forename orsurname, or add more names. Thereare some restrictions on namesthat can be used, based on public policy.
The rulesregarding children provide that:
if only oneparent or person has parental responsibility for the child, that person can lawfully change the child'sname;
if two or morepeople have parental responsibility for a child, all ofthem must agree to change the child's name-an agreement does not have to be in writing, but it isvery helpful if it is; if they do not agree then an application must be madefor the court's permission to allow achange of name;
if a child arrangements order is inforce 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 parentalresponsibility or the permission ofthe court.
A child's namecan be changed at any time so long as it is not done with the intention of deceiving someone else.
How does itwork?
There is no setlegal 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. Everyonesimply starts using the new name.
However, manyofficial 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 namechange. Everyone with parental responsibility for the child needs to sign the deed and those signatures need to bewitnessed. If a child hasattained the age of 16 and isnot, and has never been, married or acivil partner they should indorse the deed with their consent signed in boththeir old and new names. In thecase of a child who hasattained the age of 16 and isor has been married or a civilpartner they should complete an adult form of deed. Adeed poll may then be enrolled in the Central Office, Filing Department of the Supreme Court. There is norequirement to enrol the deed but enrolment will provide a public record ofthe execution of the deed and a person's change of name.
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.