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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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My childs name was changed without my consent 5 years ago

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my childs name was changed without my consent 5 years ago and kept secret from me during this time
JA: Where is this? It matters because laws vary by location.
Customer: uk
JA: What steps have been taken so far?
Customer: attempted discussion with mother but she will not participate
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hi, I'm Lea and will endeavour to help you with your query today.

How old is your child? How did it come to pass that you did not know of the name change for five years? Are there any court orders in place for the child?

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Customer: replied 16 days ago.
Archie is 6.
Mother kept it from everyone including education and NHS authorities.
No court orders in place and I have my child every 2 weeks since birth and sometimes days additional to thisI found out because she wishes to apply for his first passport so decide decided to disclose this information to me by text last week

So he's at school using the surname, for at least the last year?

The bottom line is that she cannot change a child's surname without your consent, so you can ask her to revert back to the surname on his birth certificate.

You can inform the school that his birth name should be used. The school are not permitted to allow the child to have a 'known as' name unless those with parental responsibility agree - which obviously you do not.

If the mother refuses to change it back, then your only option is court really, though before applying to court you are obliged to try mediation.

You would be applying for a prohibited steps order to prevent the mother allowing the child to be known as any other name than the one he has on his birth certificate. The application is made on form C100, current cost is £215. If you're on a low income/benefits you may be eligible for fee remission. All the forms and links you need are below:

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

Customer: replied 16 days ago.
He's been using my surname since birth at school and NHS etc. Yet she changed surname to hers 5 years ago.
Customer: replied 16 days ago.
If it found she used fraudulent methods to change his name would she be liable for any costs ?
Customer: replied 16 days ago.
Also if she is unable to change his name then how did she manage it ? She must have been un truthful on the application maybe ?

What surname is ***** ***** birth certificate?

There is no application to change his name, she obviously just went ahead and started using her name of choice.

You can ask the court to award you your costs if you have to go to court, but it is rare for the courts to give costs in cases involving children.

Customer: replied 16 days ago.
My surname. We were both present at registration. During outrbreak up 5 years ago she clearly made the rash decision to change it to hers, to be honest she probably forgot about it until the passport was required
Customer: replied 16 days ago.
she has the Deed poll document. I dont understand how they issued it with contacting me unless she declared "father unknown" which has never been the case.
Customer: replied 16 days ago.
I have just asked if she would attend mediation but I doubt she will reply to this question. How long do I wait for an answer before applying to court ? A reasonable time ? maybe 24 hours ?

Deed polls are not needed to change a name, and aren't valid for kids unless both parents agree. I am just repeating myself here really as I have already stated that she needs your consent, and your remedy is to tell her to change it back and if she won't, go to court.

You still have to attend a MIAM even if she doesn't want to attend. You attend the MIAM, the mediator contacts her and if she fails to engage then the mediator will sign your C100 and you can apply to court.

Customer: replied 16 days ago.
Ok thank you. I will get this in process.

Best of luck - the law is on your side with this, so no need to worry.

SASH_Law and 2 other Law Specialists are ready to help you