There can be various reasons for changing a child’s surname after separation. The reason we most commonly see is parents wanting to double-barrel their child’s 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.
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. 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. 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 “Specific Issue Order” should you wish to change the child’s name. This application involves a Court fee of £263, 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 child’s welfare and best interests (over any parental wishes).
Other considerations include:
- whether there are any compelling reasons for the name change – e.g. protecting a child for harm or embarrassment if they will otherwise share the name with a parent who is a convicted criminal;
- the child’s views (taking into account their age and maturity) – which would be obtained by a CAFCASS social worker who will then report back to the Court;
- the child’s affiliation to both parents; and
- the reason/s why there is an objection from one parent.
Any decision made by a Judge will be formally recorded in a Court Order, and if granted, the child’s name change will be recorded in that document too.
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 parent’s remarriage and there is a desire for the child to match a new partner’s surname.
At E J Coombs we can assist with preparing enrolled and unrolled deed polls. We can also advise upon and assist throughout Court applications to change a child’s name, in the event consent is an issue.
Please do not hesitate to contact us, using the links below, should you wish to discuss your options further.
