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Deed Poll - can she change my daughters name??

  • madaboutcars
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31 Aug 08 #44343 by madaboutcars
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I have heard through a mutual friend that my x2b has changed my daughters name (aged 4) by Deed Poll to x2b Maiden Name so i am assuming that once we are divorced, they will have the same name.

We have joint parental responsibility and i would never agree to this.

Can she do it without my agreement, how would i find out if she has.

Thanks

  • Tinkerbelle
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31 Aug 08 #44346 by Tinkerbelle
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there is a web site
www.ukdps.co.uk/

Have a wee look at that found the following on it.

A child's legal name can easily be changed by Deed Poll providing the applicant has parental responsibility for the child and anyone else with parental responsibility also consents to the name change. If your child is 16 years of age or over, they must apply for their own Deed Poll for which parental consent is not required.

There is obviously more information on the web page, but i think the only way the name can be changed is if every one with parental responsibility agrees.

Not sure if the web page i have found will be of any help,

Not easy when someone changes childs name, personaly im not sure if in all situations this is the right thing to do. Can be confusing at school etc when parent and child have different surnames (speaking from my own personal experiance as a child)

  • NellNoRegrets
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31 Aug 08 #44378 by NellNoRegrets
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This webpage

from: www.terry.co.uk/change_of_surname_01.html

goes into just the circumstances you describe.

But bear in mind what you have heard may be wrong. Your wife may have said she intended to do this, or she may have just asked that her daughter be given same name as her maiden name, which doesn't require any legal input.

I'd try to establish the facts first. When your child is 16 she can decide for herself what to be called.

  • D L
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31 Aug 08 #44381 by D L
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Hi there

No she is not entitled to change your child's name unilaterally, she needs your consent.

If she has done so without your consent, you can apply for a specific issue order to have the name changed back. Often in these cases a CAFCASS officer will erroneously suggest that the name should be double barreled in an attempt to appease both parties. This is not a view the court concurrs with - the legal standpoint is that a child's name should only be changed if not doing so would cause some harm...i.e. it is often the case that children who have sadly been abused would seek to have their name changed to let go of that element of their identity.

Ascertain your facts and take legal advice - and find out who did the deed, if one was done. I have had the solicitor who drafted the deed pay the costs of the specific issue application in one of my cases on the basis the solicitor drafted the deed in the full knowledge that my client, the father, had parental responsiility and therefore his consent was required.

Amanda

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31 Aug 08 #44484 by madaboutcars
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Im abit confused by Ann Onymous comment.

that her daughter be given same name as her maiden name, which doesn't require any legal input.

How can she just change my daughters name.

This situation has come about as the x2b has registered my daughter at a school where a mutual friend works, hence where the suggestion came from.
I was under the impression that as it is school, my daughter carrys the name on her birth certificate.

I have emailed the school today to query it when the teachers return.

  • sexysadie
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31 Aug 08 #44491 by sexysadie
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Your ex cannot change your daughter's name without your consent. However, she can ask that you daughter be known by her mother's surname at school. If this is the case, they use her legal name on the register (because it is a legal document) but her mother's surname the rest of the time, for example on her books and when talking to her.

Best wishes,
Sadie

  • madaboutcars
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02 Sep 08 #44903 by madaboutcars
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I have now have a reply from the school that my daughter is due to start at.

My daughter has been regisitered in her mothers name, not mine - so what do i need to do to rectify this

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