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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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My daughter received a Residency Order in October 2009. The

Customer Question

My daughter received a Residency Order in October 2009. The father has made no contact whatsoever and cannot be traced. My daughter now wants to change the childrens surname, can she do this, and if so, what is the procedure.
Submitted: 12 months ago.
Category: Scots Law
Expert:  hhlaw replied 12 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How old is the child?

-Is the father named on the birth certificate or were they married?

Customer: replied 12 months ago.
The dates of birth of the children are :- 02/12/00, 02/06/02 and 22/06/03. My daughter is in Scotland but she has been told it will have to be dealt with in the UK. They were married and divorced, the father has had no contact since September 2008. He did not turn up to Court when the Residence Order was given.
Expert:  hhlaw replied 12 months ago.

As they are in Scotland, Scottish law takes effect and therefore I will opt out and allow a Scots Law colleague to assist.

Expert:  JGM replied 12 months ago.

Thank you for your question. Here is a link that will help you: http://www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland. A child over 16 can apply for a change of name. A child under 16 has to do so through its parent or parents with parental responsibilities. So if your daughter's residence order removed parental responsibilities she can apply for the change of name. If it did not then she either needs the father's consent or she will have to return to court to get an order removing his parental responsibilities. Alternatively she can just advise the school etc that the children are to be known with her surname which might be easier in the shorter term. Happy to discuss further. Please leave a positive rating so that I am credited for my time.