Changing your child's name

In short, yes. According to section 13 the Children Act 1989, until a child is 16, “no person may cause the child to be known by a new surname… without either the written consent of every person who has parental responsibility for the child or the leave of the court”. 

If permission is not given, however, the change of last name isn’t possible unless the court gives permission. When one parent is not willing to consent to the child’s name change, the other parent will need to apply to Court for a Specific Issue Order.

Before you do this, the court will request that you try to resolve the matter outside of court, with mediation. Belderbos Solicitors are experienced experts in resolving change of name disputes in and out of court, so get in touch with us to explore the options for you.

Specific issue orders are issued in a family law court to address certain aspects of a child's upbringing or well-being in situations where parents or guardians with parental responsibility are unable to reach an agreement. Their main aim is to make sure that the issue is resolved first and foremost in the child’s best interests.

 
In a family court, a specific issue order may be used to change a child’s name in the following situations:

• the son or daughter is under 16 - both parents with parental responsibility must consent to a name change. If they can’t agree, a court order becomes necessary
• parental disagreement exists - even for adults (18+), if a mum or dad with parental responsibility is against a child's name change, a court application might be required to sort out the dispute
• there are added complexities arise - for example, in situations that involve adoption, surrogacy or safeguarding concerns, the court may need to have oversight of the name change process

If any of the circumstances above apply to you, then we can guide you through the process and represent you in court.

The judge will make the child's best interests their priority when making a decision. Here are some factors they might consider:

• The child's wishes and feelings, depending on their age and maturity - if your child is old enough to understand the implications of changing their name, their opinion will be considered.
• Reasons for the name change - the judge will weigh up the reasons for the name change against any potential negative consequences.
• Potential impact on the child's relationship with parents - the court aims to minimise negative impacts on a child's relationship with either parent.
• The child's existing connections - the judge will consider established connections with the current name, such as school records or social circles.
• Potential for ridicule or bullying - the judge may look at whether the current name poses a risk of ridicule or bullying for the child.
• Parental consent - while a judge can potentially override objections, they will usually give weight to parental views, particularly regarding young children.

Before resorting to court, consider these alternatives:

• Reaching an agreement - communication and compromise between parents regarding a child's name are crucial. Can a mutually agreeable name change be achieved outside of court? This is likely to save you time and money and is usually the least stressful route.

• Mediation - family mediation is a voluntary option that enables couples to find an alternative to lengthy, intrusive and expensive court appearances.  To be clear, it isn’t a substitute for legal advice and a mediator will not tell you what to do. Instead, the process will help you and your ex-partner reach an amicable agreement on the name of your child and improve the level of communication between you.