Changing a child’s name after separation

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There are some parents who wish to change their child’s name after they separate from their former partner. It is important to note that a parent will not be able to unilaterally change their child’s name. The parent will need to obtain the other parent’s signed consent or obtain an Order from the Court to legally change the child’s name.

What if both parents agree on the change?

The process can be very simple if both parties agree to the name change. You need to ensure that you gain written consent from the other party confirming that they consent to the name change before you take any further steps. The child’s name will need to be changed with the Births, Death and Marriages Registry in the state in which the child was born.

What if parents do not agree on the name change?

If the parents cannot agree on changing a child’s name they will need to approach the court to have a decision made. A parent who discovers that the child’s name has been changed without approval will also need to apply to the Court for an order restraining the change or compelling that the change be reversed.

The Court will intervene in circumstances where the Court is convinced that the name change was made without the consent of the other parent and that the name does not promote the welfare of the child.

The paramount concern of the court when considering an application for a name change or for the reversal of the change will always be the best interests of the child.

In the Marriage of Chapman and Palmer the Court held that the factors to be considered in determining whether a child’s name should be changed include the following:

  • The general legal principles which apply to surnames and changes of surnames;
  • The power of a parent who has sole or joint custody to take steps which will lead to a change in the surname of a child; and
  • The factors which should be taken into account by the Court in determining the application about the surname of a child. These include:
  1. The welfare of the child;
  2. The short and long term effects of a name change;
  3. Any embarrassment likely to be experienced by the child if the name is different from that of the parent with custody or care;
  4. Any confusion of identity that may arise for the child if their name is changed or not changed;
  5. The effect of frequent and/or random name changes; and
  6. The effect which any name change may have on the relationship between the child and the parent whose name the child bore during the relationship of the parents.

In recent matters, the Court has shown a reluctance to recognise that the sole custodian of a child means that they have a right to bring about a change in the child’s name.

If you are considering changing your child’s surname, please get in contact with one of our Family Law parenting specialist on (02) 8631 8593.

If your former partner has unilaterally changed the name of your child without your consent, please get in contact with one of our Family Law parenting specialist on (02) 8631 8593.[/vc_column_text][vc_empty_space height=”35px”][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner width=”1/2″][qode_elements_holder number_of_columns=”two_columns” columns_proportion=”33_66″][qode_elements_holder_item vertical_alignment=”middle” horizontal_alignment=”left” advanced_animations=”no”][vc_single_image image=”312″ img_size=”full” style=”vc_box_circle_2″ onclick=”custom_link” qode_css_animation=”element_from_fade” link=”/meet-the-family/”][/qode_elements_holder_item][qode_elements_holder_item vertical_alignment=”middle” horizontal_alignment=”left” advanced_animations=”no” item_padding=”0 0 0 10%”][vc_column_text]

By Renee Le Breux

Collaborative Family Lawyer

Parenting Expert[/vc_column_text][/qode_elements_holder_item][/qode_elements_holder][/vc_column_inner][vc_column_inner width=”1/2″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]

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