There can be various reasons for changing a childโs surname after separation. The reason we most commonly see is parents wanting to double-barrel their childโs name after separation, so that there is an affiliation to both family names.
So can the name be changed? The short answer is yes, but it is heavily dependent on your circumstances. In this article, we look into the processes further. ย
A person aged 16 or under is considered a child and to change their name, the consent of everyone with (PR) parental responsibility is required. ย Typically, the people with PR are the child’s mother and father, but you can find out more about PR in our blog here.
Where there is the consent of everyone with PR, the process is relatively straightforward and involves formalising the name change via a simple deed.ย The deed can be unenrolled or enrolled with the Courts. An unenrolled deed is usually sufficient for most UK authorities and institutions (such as the passport office and banks), whereas the enrolled deed is slightly more complex and may only be needed in specific circumstances.
Where consent is not given by everyone with PR, it will be necessary to apply to the Court for a โSpecific Issue Orderโ should you wish to change the childโs name. This application involves a Court fee of ยฃ263, but you may be eligible for a fee reduction or exemption if you are in receipt of certain benefits.
There will be at least one hearing to attend (there may be up to three in total), where the Judge will consider the effect of any name change on the child. Their primary consideration will be the childโs welfare and best interests (over any parental wishes).
Other considerations include:ย
- whether there are any compelling reasons for the name change โ e.g. protecting a child for harm or embarrassment if they will otherwise share the name with a parent who is a convictedย criminal;ย ย
- the childโs views (taking into accountย their age and maturity)ย โ which would be obtained by a CAFCASS social worker who will then report back to theย Court;ย ย
- the childโs affiliation to both parents; andย
- the reason/s why there is an objection from one parent.ย ย
Any decision madeย byย a Judge will be formally recorded in a Court Order, and ifย granted, the childโs name change will be recorded in thatย document too.ย ย
It should be noted that these applications are considered on a case-by-case basis, but generally the threshold for the Court to permit the name change is very high. For example, an application is highly unlikely to be granted if the only reason is due to one parentโs remarriage and there is a desire for the child to match a new partnerโs surname. ย
At E J Coombs we can assist with preparing enrolled and unrolled deed polls. We can also advise uponย and assist throughoutย Court applications to change a childโs name, in the event consent is an issue.ย
Please do not hesitate to contact us, using the links below, should you wish to discuss your options further.
