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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My wife has registered the birth of our son but not given

Resolved Question:

My wife has registered the birth of our son but not given him my surname what can i do?
we are separated as she walked out of the marriage
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When was the baby born?

How long have you lives apart?

Customer: replied 10 months ago.
19/08/16 JJ was born,7 weeks premature
we were married o 26/09/16
my wife was already expecting when we were married
Customer: replied 10 months ago.
my wife left me on the 12/04/16
Customer: replied 10 months ago.
Sorry date of marriage was 26/3/16
Expert:  Clare replied 10 months ago.

Have you seen the baby?

Customer: replied 10 months ago.
I have for the first week my wife was in hospital I went every day I was the first to hold change him
Customer: replied 10 months ago.
Then there was an argument as I did not manage to go one night due to work late and the war started
Expert:  Clare replied 10 months ago.

What contact have you had since then

Customer: replied 10 months ago.
Since she went home to her mums nothing as her family have made many threats towards me which the police are aware of untill JJ feeding tube come out they say I can only go to her home to visit of which I am uncomfortable doing I just want my son to have my name if there is anything I can do
Expert:  Clare replied 10 months ago.

has she at least put your name on the Birth Certificate?

Customer: replied 10 months ago.
Only as the father. She has given him her surname. We had agreed he would have mine
Customer: replied 10 months ago.
Is there nothing I can do ?
Expert:  Clare replied 10 months ago.

You can apply to the court for a specific issue order regarding the name being changed, and for a Child Arrangement Order setting out the time that the child will spend with you.

The fact that you are married and the child is newborn means that you have a good chance of the courts agreeing with you on the name

Your starting point is to attend a Mediation Information and Assessment Meeting with a Family Mediator - and if mediation is not successful you can then apply to the court using a form C100 and paying the fee of £215.

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
No thanknyo
Customer: replied 10 months ago.
No thank you
Expert:  Clare replied 10 months ago.

I hope that this has helped you understand your position

Clare and other Family Law Specialists are ready to help you