Changing Your Child’s Name
Divorce can be a catalyst to revert to your maiden name. But what does that mean for your children? What does the law say about name changes for children?
What’s in a name? Well a lot, actually. The naming of a child, both in terms of their first name and surname, is an act of parental responsibility. If, following separation or divorce, one parent wants their child to be known by a different name then the family court will, as a starting point, expect them to consult with the other holder(s) of parental responsibility.
In terms of nicknames and what a child is called at home, that’s a matter for each parent, but where one parent wishes to change the name used outside the home (for instance at school) or make an application for a change of name by deed poll, unilateral steps should not be taken.
If parents can’t agree, ultimately one parent can apply to the Court for a specific issue order, where the family court will decide the issue. The overriding principle in respect of that decision is the welfare principle, so what is in the best interests of the child? The child’s views will be relevant, and obviously carry more weight the older they are. The court will also take account of the no-order principle, so will ask itself whether an order should be made at all, or whether there is evidence that a change of name would lead to an improvement from the point of view of the child’s welfare. The court will look at a number of other factors such as why the existing name was chosen and the reasons for seeking the change of name.
These applications can be fraught, and if you are struggling with change of name as an issue then do seek legal advice, either alone or ideally together, so you can get an understanding of how a judge might approach your situation, and hopefully reach a consensus without needing court intervention in your family life.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Related Reading
- What Does Research Say About Divorce And Children
- What Is Parental Responsibility
- We’re Divorced And I Want To Move To a Different County
- Divorce Doesn’t Mean You Have Bad Judgement
- Amicable Divorce UK Q&A
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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