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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7256
Experience:  Barrister at law
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I would like to enquire about changing my child's name, I

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I would like to enquire about changing my child's name
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have not filled any papers and yet to start the process
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I currently live in China but myself and child are British citizens
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Can you tell me more about the name change that you are looking to action - is it a first name, surname, or middle name?

Is the father named on the birth certificate?

Customer: replied 21 days ago.
Thank you for getting back to me. It’s a surname change
Customer: replied 21 days ago.
The father is named on the birth certificate

Thank you.

It's quite rare to be able to change a child's surname, if the father does not give consent.

Rare circumstances are those such as where a father is in prison, has been convicted of a crime against the child or there are other safety reasons to conceal the identity from the father.

Other than this very short list of exemptions, the norm is for the child to retain the name of their birth.

The compromise in many situations is to ask for a double barrelled surname to reflect both parents' names.

Of course your child's name can be changed if the father consents.

It would be a specific issue order application, on form c100 - here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Customer: replied 21 days ago.
what I do want is for her name to be double barrelled to reflect both our surnames
Customer: replied 21 days ago.
Her surname currently only reflects his

Thank you for confirming.

This should be possible by the route suggested above in that case.

Thanks again for your question, I am glad I was able to help.

Kind regards, Peter

Customer: replied 21 days ago.
Would I still need the father’s consent

Yes - consent or a court order.

It's a change to their legal name and as he has PR he is entitled to a say on the matter.

plclegal and 3 other Family Law Specialists are ready to help you
Customer: replied 21 days ago.
Thank you Peter

My pleasure. Have a great day.