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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of writing a statement for Court as why

Resolved Question:

I am in the process of writing a statement for Court as why I want my son to keep his existing surname, which is Williams, also my surname. My ex partner was violent and takes drugs (the court has ordered him not to take drugs before contact or during his 1 hour weekly visits at a contact centre) however he has only seen my son 4 times in 10 months. What case law could I use to ask them to reconsider his application, as I feel he needs to show commitment to my son before he has a right to change his name. Please can someone help me?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 old is the child?
When did the court ordered contact start?
Do you have any other children?
Clare
Customer: replied 3 years ago.

Hello Clare

Thank you for your response, My son Jonathan is 9 months old, he will be 10 months old on the 15th of August.

The original court granted an interim order on June 18th, he chose the contact centre which took 3/4 weeks to set up. the official contact order was granted this Monday 4th August, for him to attend the supervised contact centre for another two weeks and then three months in a supported centre. Jonathan is my only child and I am unable to have any other children due to my complex health needs, during my pregnancy I spent the whole time on bed rest and was admitted into hospital on a regular basis.

Would it be helpful if I sent you just a very brief outline of my concenrs within my statement ?

Thanks

Lisa

Expert:  Clare replied 3 years ago.
Hi
Were you together when the baby was born - and how does the father wish to change the name?
Clare
Customer: replied 3 years ago.
No we separated during my pregnancy because of the violence, I think he wante a double barrel name, but I want the court to consider allowing a period of time for him to prove that he will be in Jonathan's life and not just four hours... Are they any cases where it shows the detrimental impact a child experiences when a parent becomes absent..and the court have granted them that surname. I just need to prove commitment is needed to be shown before this order is passed... I am not saying I will never agree but my son deserves the right not to have the name of someone who may not be in his life this time next year... Thanks Lisa
Expert:  Clare replied 3 years ago.
Hi
Just as a thought would you be willing to have his name as a second (or third) name?
Clare
Customer: replied 3 years ago.
Not at the moment because he has seen him four times in ten months.... As I have said I think it's only fair for him to prove himself as a parent first... Are there any case laws that support the negative impact of children having an absent parents name and no relationship with them??? I just want the court to ensure this decision is made with Jonathan's best interests and after going thro ugh this experience myself... The family court giving pr and contact and then my father not bothering I want to protect my child from the same... The courts are not always right ... As I am sure you have witnessed Clare
Expert:  Clare replied 3 years ago.
Hi
All the relevant case law is referred to in this article
http://www.familylawweek.co.uk/site.aspx?i=ed117605
It is certainly reasonable to ask for the decision to be delayed to allow your ex to prove himself, and you should be able to successfully argue that there is no reason to change the name given the fact that you are no longer in a relationship.
The only point to consider is that IF the court decides to add his name it could be double barrelled whereas if you simply offer to add his name as a fore name (something they cannot order) then they are likely to see that as an excellent compromise and go with that
Having said that you do have a number of cases you can refer to which will help
Please ask if you need further details
Clare
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