Do I Need Permission To Change My Child’s Name?

Whether you need permission to change your child’s name depends on who has Parental Responsibility for the child.

What is Parental Responsibility?

Parental Responsibility is concerned with the care and upbringing of a child as they grow up.  Parental Responsibility means having all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child.  This includes having a say about important decisions.  It does not include the right to interfere with the day-to-day care.

Mothers automatically have Parental Responsibility from when a child is born. Usually, a father has Parental Responsibility if they are named on the child’s Birth Certificate or if they are married to the child’s mother.

If you cannot reach an agreement regarding any matters then either one of you can make can Application to the Court to ask for assistance in making decisions about these matters – this is called an Application for a Specific Issue Order.

What is a Specific Issue Order?

A Specific Issue Order is an Order determining a particular question in relation to an aspect of Parental Responsibility. Examples include:

• permission to change the child’s name
• permission for internal relocation with the child
• permission for external relocation with the child
• permission for the child to remain living in the UK
• permission to take the child on holiday out of the UK
• determining who holds the child’s passport
• determining the child’s schooling
• determining medical treatment
• determining religious or cultural matters

How does the Court decide whether a child’s name should be changed?

The child’s welfare is the Court’s paramount consideration. The Court must have regard to the welfare checklist which includes the child’s ascertainable wishes and feelings (considered in the light of their age and understanding), the child’s physical and emotional needs and the likely effect on the child of any change in his circumstances.

The Court will consider the reasons given for seeking a name change. Reasons that are based on the fact that a child’s name is not the same as their mother’s name do not generally carry much weight. In a case where the parents were married to each other, the fact of the marriage is important and there have to be strong reasons to change the name from the father’s surname.

Each case is fact dependent and must be decided on its own facts. The Court has to balance the long-term interests of the child in retaining an outward link with the parents, against the shorter-term benefits of lack of confusion, convenience, lack of embarrassment and the like.

If you wish to arrange a free consultation please telephone us on 01323 727321 or complete our contact form below – we will ensure you speak to the right lawyer for your circumstances.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.