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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 17201
Experience:  I have been practising for 30 years.
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My ex partner has contacted me today saying that she wants

Customer Question

My ex partner has contacted me today saying that she wants my son to have her surname. We have an appointment on Friday to register him as there has been a delay in this process due to COVID. We had agreed he would have my surname and his health records have him with my name. Is there anything I can do to stop her registering him with her surname? Thanks
Submitted: 6 days ago.
Category: Family Law
Expert:  F E Smith replied 6 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

were you married?

what are the health records you mention?

have you asked her to reconsider?

Customer: replied 6 days ago.
No we weren’t married.
The health records are the ones the health visitor wanted to complete when visiting us at home after my sons birth. The health visitor asked what my son was going to be registered as.
I wanted your guidance before I responded as I was going to ask her to consider him have both our surnames as a compromise
Expert:  F E Smith replied 6 days ago.

Thank you for the extra information. I’m not quite certain what the problem is here because you say that you had agreed that he would have your surname and is health records would have your name but now you seem to have changed your mind.

The short answer to your question is no, you cannot stop her registering the child with any name.

Exaggerating to prove the point, but literally, if she wants to register the child is Mickey Mouse, she’s entitled to do that.

She cannot put you down as the father unless you consent and attend.

So if you wanted both of your surnames, then go for it provided it doesn’t become unwieldy.

Having your name on the birth certificate as the father (as opposed to just the child having your name) gives you parental responsibility and assay in the child’s upbringing.

However your name down as the father or not, your the biological father and it would make any difference as to whether you pay child maintenance or not. You are liable for child maintenance regardless.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 6 days ago.
I haven’t changed my mind my ex partner has changed her mind. I want my son to have my surname as was originally agreed by both of us. I want to be on the birth certificate and have parental responsibilty and pay maintenance my question was can she change her mind re my son’s surname even though his health records have him named with my surname?
Expert:  F E Smith replied 6 days ago.

And afraid that your partner can go along on her own and do whatever she likes and if she wants to exclude you from the proceedings, she is quite entitled to do so.

If you are not on the birth certificate then you will have to apply for a Parental Responsibility Order.

Can she change her mind? I’m sorry, unfortunately, yes she can. Sorry.

I am really glad to help. Come back to me at any time if anything else needs clarification. Kind regards