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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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My ex partner has been convicted of child offences and is

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My ex partner has been convicted of child sexual offences and is now in prison and will be on the sex offenders register for life. We have a son together and he’s on his birth certificate he also has his name I want to change my sons name but want to know what his fathers rights are taking into account the nature of his offences where do I stand?
JA: Where is your ex partner? It matters because laws vary by location.
Customer: In England
JA: What steps has your ex partner taken so far?
Customer: what do you mean I’ve informed him I want to change his name and he’s said no he currently contributes £100 to his upbringing too
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 I don’t think so

Hi, I’m Lea and I will be assisting you with your query today.

How old is the child? Does he have any contact with the father: I appreciate he is in prison, but the question relates more to whether he will have contact in the future? Were you married at the time of the child's birth?

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Customer: replied 13 days ago.
My son is 3 and his father has applied to have contact which I am currently considering and was planning to allow phone calls and letters.
I’m trying to do the best by my son and I am considering contact as I was assured by the police investigation that my son was never at risk. His offences were all online towards teenage girls. Not that this makes it any better.
Customer: replied 13 days ago.
I’m confused with what I can do due to his father being on the birth certificate. I know this gives him parental rights but now this has all come to light and the nature of the crimes does this revoke his rights in any way? If I want to do something like change his name do I still need to get his permission?
Customer: replied 13 days ago.
We’ve also never been married

If the father won't consent to the change of name, then you will need to apply to court for a specific issues order to change it. So to answer your question, in spite of the father's offences, yes you still need his consent (or an order from court).

In my view, given the circumstances, the court may well agree to the change. It isn't guaranteed though as courts tend to look on the name a child is given at birth as being the one they should retain unless the welfare of the child would be better if it was changed. I think you have a strong argument that the welfare of the child would be better served if he didn't carry a paedophile's surname.

You can apply for the change on form C100. Cost is £215, unless you are on a low income/benefits in which case you may be eligible for fee remission.

I would suggest you apply for the order now as it can take some time for the court to process these things with potentially at least two or three hearings before they make a final decision. You'd want the name changed before your son starts school.

SASH_Law and 2 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you your help is much appreciated

You're very welcome.

I hope it all goes well for you and your son.