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Lawry, Solicitor
Category: Law
Satisfied Customers: 559
Experience:  Expert
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I’m wanting to change my sons surname! His dad isn’t

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I’m wanting to change my sons surname! His dad isn’t involved and hasn’t been for around 2 years. I have no idea of his whereabouts.
JA: Where are you? It matters because laws vary by location.
Customer: Sheffield, England
JA: What steps have you taken so far?
Customer: I previously spoken to someone to get some advice and they said they’d need to make contact with him, but for my own safety and my sons safety I don’t want him knowing where I am or anything like that.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He was abusive, drug user, mentally unstable and I don’t wish for my son to be anywhere near that. I am the one raising my son, the least I want is his name changed for school

My name is ***** ***** I will try and help you today.

Does the Dad have parental responsibility for your son?

Customer: replied 13 days ago.
He is on the birth certificate yes.
Customer: replied 13 days ago.
He has threatened me with court numerous times, he has had more than his fair share of opportunities to see my son. I’ve been advised that I can change so that at least for school he will be “known as” Levii Wheelhouse rather than Evans

OK, then the consent of each person with parental responsibility is required in order to change the name of a child who is under the age of 16.

The application forms to change a child’s name via deed poll can be located on the GOV.UK website. There is also a guidance document which provides further detail on the application process.

Official documents and records can be changed to the new name once the deed poll process has been completed. The birth certificate can still be used for identification purposes but it should be accompanied with the deed poll certificate which evidences the change of name and overrides the name on the birth certificate.

You should note, that an application can be made to the court for a specific issue order in the event that a person with parental responsibility will not consent to the change of name.

This is done using Form C100 and paying the court fee to the local Family Court Centre.

You would need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for this order to be granted. A child’s name is ***** ***** integral part of their identity and therefore this type of application is not ta***** *****ghtly by the court.

If successful you can then proceed to change the child’s name via deed poll.

Customer: replied 13 days ago.
I cannot do a phone call as I’m at work
Customer: replied 13 days ago.
How would I be able to do this, I don’t know my where abouts of his dad..

You do not need to accept a phone call.

It might be possible to change a child’s name via deed poll without the consent of a person with parental responsibility if their whereabouts are not known and reasonable steps have been taken to establish contact.

It seems from your situation that you can show the court that this is the case.

If a person is absent from a child’s life, the person wishing to change the child’s name would have a stronger case in court.

Customer: replied 13 days ago.
Thank you!

You are welcome.

Make statement attached to the application detailing the history of the matter and that the Dad is not involved.

For further help call Relate on 0300(###) ###-####or to instruct a solicitor contact the Law Society on 0207(###) ###-####and they can recommend local firms of solicitors that can help.

Best of luck!

Customer: replied 13 days ago.
I don’t wish to contact him either, he’s has caused me physical pain, mental health problems, extreme anxiety, financial difficulties and he is just a horrible man. Talking to him or having contact would create more issues for myself. My main thing is that I want to be strong for my son

Then put all that in the statement to the court.

Lawry and 3 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you! I will leave a review for you now

Thank you very much!