parental/legal rights of the ex???

Hello, am an Australian (and live back in Australia, long story)and was married to an English man but he returned back to the UK when I was pregnant and waited till our child was born before he filed for divorce.
We haven been divorced for three yrs this yr and I am trying to work out if he gave away his parental rights when he filled in the statement of arrangments for children saying our child will be with me in australia and that it wont change. I really dont understand whats on the divorce papers.

Im only trying to sort this out as my child and myself still go by the ex hubands surname and I want to change us to my Maiden Name. And the ex doesnt really have much to do with his son and took him over and yr and a half before he decided he wanted to meet him!

Anyway sorry for the long story(and thats the short version). I'd be greatful to any information I can get!

If the father is named on the birth certificate in England, then he has parental rights unless a court decides otherwise. Not sure about Australian laws.

I think you can't change a child's name legally without both parents' consent, but you can just say that you want your child to be known by another name. I had a friend who divorced and remarried and her daughter was known by 2nd husband's name although a note was made on her school records that her legal name was still the one she was registered as.

Thanks for your reply. The father is on the birth certificate but its Australian, so this is where I get confused as I was married in the UK and I was living back in oz and the father in the UK when we got divorced, but child was born here in oz.

I have been thinking baout doing that, just going by my maiden name but letting all who needs to know that his legal name is still what they have on their records.

In the uk the law is simple

If you have PR you must be consulted in any name change

If you are not a Uk citizen then Oz law would apply

generally in these cases one parent informs schools etc that the name has changed and if this continues for a few yeasr then its seen as difficult to change back

just bite the bullet and go for it if you believe strongly you need to do it

Hi there

The father has PR by virtue of the marriage and that is the same in both UK and Australia.

In both jurisdicitons you need either his consent or a court order to change the child's name, and in both this is seen as a step not to be taken lightly. In your circumstances it does not matter if you apply either here or there to change it, but for your convenience it would obviously be better there.

You never know, dad may well consent given his lack of interest thus far.

Amanda