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Changing daughters surname

  • Tets
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14 Oct 09 #154532 by Tets
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DL,
That case refers to father having the courts change the childs surname to his. Amum is asking to change the childs surname from the one shared with the mother currently to her future partners neither of which are the fathers surname.
Presumably should the father so choose he could use that case as argument for changing the childs current name to his. As it stands Amum could be taken to court by the father and have her daughters surname changed to his, this would be the same situation if she changes her daughters name to her new partners - a risk she is already running that would dwindle over time ?

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14 Oct 09 #154533 by D L
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The point is not who is asking for the change Tets - that is not how legal precedent works.

Current law is regardless of what the child's name is, a mother needs the consent of the father (with or without PR) to change the child's name. In the absence of consent, mother needs a specific issue order, which the courts are very often loath to grant, as they see a name as a fundamental element of a child's identity and in more cases than not, a request to change is refused.

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14 Oct 09 #154542 by Forseti
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Sorry, DL, I hadn't registered that Mr Dawson did not have PR. I thought he lost the appeal and it was Lord Jauncey's dissenting view which insisted the surname was a 'biological label'?

I'll look at that thread.

  • rasher
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14 Oct 09 #154586 by rasher
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Annoyed mum - I would very much advise you to think carefully about what name you use for your child. We live in a culture where having different last names is highly acceptable and unquestioned - not even judged!!

However I do some work with adopted adults who had their names changed at adoption (as was common practice and protected in legislation) and then the passage of lifes journeys took place in their lives within their adoptive families (including divorces/separations/remarriages) and they have had many new names !!

They are often so fascinated and attached to those original names. Those of us who have not had those experiences may not recognise the emotions/feelings that go with it. If you want to include names might I encourage you to keep yours for your daughter and perhaps hyphenate it with your chosen new name. I just offer this to you because it gives all options and allows your child to keep some of the history. As much as we as adults may want to distance - the next generation dont hold that emotion but do want the heritage.

There is usually a way to make it work for the good of all.

Best of wishes
Rasher

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14 Oct 09 #154590 by D L
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Nice advice Rasher :)

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17 Oct 09 #155150 by AnnoyedMummy
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The following statements have come from the Deed Poll website.

"Before we can issue a Deed Poll to change a child's name, we must be satisfied that everyone with parental responsibility for the child has consented to the name change."

"Please note, if you have have sole parental responsibility for your child, we do not need to receive a letter of consent from you."

"If you have sole parental responsibility, you do not need anyone else's consent to change your child's name."

"There have been a few successful legal actions where an unmarried father without parental responsibility, has obtained a court order to have his child's surname change reversed (but not any forename changes). In each case, the mother had changed her child's surname from the father's surname to her surname. The court ordered that the child's surname be changed back to the father's surname."

"these successful cases, there was frequent contact (two to three days each week) and involvement in the child's upbringing"

I have sole parental responsibility, and my ex does not see my daughter at all. He stopped turning up to see her over 2 months ago now.
My daughters name had never been the same as my ex's, and im not trying to change her name from his to mine.

  • mummybear38
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17 Oct 09 #155171 by mummybear38
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I think my vote would fall within Rasher's advice.

The name your daughter has now clearly identifies who she is biologically, if you were to change it to your partner's name then that would be lost.

So for example if your daughter's and your name is currently Smith and your partner Brown is it not possible that your daughter could remain Smith and you become Mrs Smith-Brown, just an idea.

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