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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife and I are separated and just had a baby through IVF,

Customer Question

my wife and I are separated and just had a baby through IVF, she had named the baby before I even got to the hospital and gave me the choice of the middle name, and we both then agreed on that he would carry both surnames, but now I have booked a train ticket to go to where the registration is going to be because both parents have got to go if its being double barraled, but now I get a text from her this morning saying that shes not going with that any more, without even discussing it with me, what rights do I have as a father in this, its seems like shes doing everything herself and leaving me out, which I find is hurtful but she doesn't seem to care about what and how its effecting me, its hard enough being away from him, he was born on the 2nd august 2014, please can you let me know what rights I have as a father, and wanting to be the best father I can be, I wanted him to have her surname as well as mine so if we end up getting divorced he would still carry my surname, but shes going against my wishies now and it was something we both agreed on.
Submitted: 2 years ago.
Category: Law
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.
Has she actually registered the birth?
Clare
Customer: replied 2 years ago.

she will be registering him on Wednesday, but now threatening to do it earlier.

Expert:  Clare replied 2 years ago.
Hi
Although it would be an unusual step you could make an Urgent application to the Court for a Specific Issue Order relating to the name to be used.
This is unusual but is possible.
The alternative is to Register the Child yourself (as a Married father you can do so) or after the event apply to the Court for an Order allowing the Change of name
You can read more here
http://www.familylawweek.co.uk/site.aspx?i=ed117605
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

how would I go about applying to the court for an order allowing the change of name, as I cant register him myself as he was born in another county, and she has just text me to say without any choice that hes going to be in her maiden name, im sure fathers these days surley have rights to, after all shes the one that left me for someone else on the same day we had the egg transfer done at the ivf clinic.

Expert:  Clare replied 2 years ago.
Hi
In fact you could go there and Register the birth if you wish.
The form you need is here
http://www.thecustodyminefield.com/CourtForms/c100.pdf
The fee is £215
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

sounds like I need a solicitor then, and the form looks complicated to fill out, can see anything about the change of name, could be in trouble here as I don't work due to health issues and don't drive so cant get to registry office in other county before she makes the move. didn't think she would do this, shes hurt me enough now this, its hard being away from my son, looks like shes going to control that to, this is something my head cant deal with, this is going to make me poorly again. thankyou so much for your help.

Expert:  Clare replied 2 years ago.
Hi
Most parents do it themselves now.
You are asking for a Specific Issue order
Clare

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