Changing Childrens' Names Via Deed Poll

[TheRtHonSec]

Is my daughter allowed to change her childrens' names where there is a court order? The father hasn't been in touch for three years and the children don't want to be known by his surname. My daughter used her surname for the children when her partner did a runner, but he found out and got a court order to the effect that the children had to use his surname. That order was obtained four years ago. In the last three years he has made no contact whatsoever, not for birthdays, christmas, asking about school progress or anything. My daughter wrote to him some time ago at his last know address, informing him of her intentions, but has had no reply. She was told that he had gone working abroad because the CSA were chasing him for maintenance payments. I told her that despite all the signs of non-interest from him, there is still a court order in place to the effect that the children must use his surname until they are 16 years old, but, surely this court order must also have assumed that the father would maintain an interest in the children and pay towards their upkeep? My daughter is adamant that she is going to apply through deed poll to change their surname to hers, which they do want. Will this court order prevent that in spite of no contact from the father? Any help would be appreciated. Thanks.

[Buenchico]

See here:
https://www.gov.uk/change-name-deed-poll/change-a-childs-name

Any existing court order will remain valid until it is amended or overturned by another court.

[TheRtHonSec]

Thanks. My daughter has looked at as many web sites as possible about this and is still adamant she is going to do it. And I keep telling her that the court order prevents her from doing it. It may return with a big bite at some point in the future. We'll see.

[horselady]

Hmmm-this is interesting. My daughter is in the same situation, partner walked out 3 years ago, they never married and her boys want to use her name now, not their fathers. Doesn't look as though it's that easy though.

[andy-hughes]

I am afraid that this is one more example where the pendulum of 'fathers' rights' has swung far too far the other way.

Even though a man has nothing to do with his biological children, the law protects his right to keep them bearing his name.

It is illogical, and flies in the face of common sense and sanity.

But if, like me, you have direct experience of the Family Court system, you know full well that common sense and sanity are not notions they embrace on any day with a Y in it.

[ummmm]

I believe you can use any name you want except on official documents.

[Barmaid]

You can use any name you want unless you are under 18. If the Court Order specifically states that the children must be known by his surname then this is what must happen. Unless another Order is made allowing the children's names to be changed, any attempt to change the name is a contempt of Court (and this being a family law order will normally have a penal notice on it).

Court orders assume nothing. They set out precisely what must and will happen. Also the issue of paying maintenance and this type of thing are completely separate and unrelated areas.

[atalanta]

I know of a boy who was in exactly these circumstances. He was about to register at secondary school. His mother had given the court an assurance that he would be registered at the new school with the same surname as his father's - his birth surname. But he was not. It was a long time before the father found out ( the ex-wife went to great lengths to ensure that the true father saw the boy as little as possible ) When the father protested to the court, the mother simply went on ignoring the order until the boy was over 18, and then he said he wanted to keep the step-father's ( and the half-brothers' ) name, and there was nothing anyone could do about it. The mother did not face any kind of punishment. The real father could possibly have taken her to court, but he couldn't afford to do so.

[TheRtHonSec]

Just an update on this. I've now convinced my daughter to see a solicitor with a view to having the court order removed. I'm in no doubt that it will be removed as he hasn't had any contact for three years. He also went working abroad, in contravention of the order. My daughter wrote to him at his last known address in this country, three months ago, and has had no reply. We haven't been to the solicitors yet. Hope to do that this week.

[TheRtHonSec]

Hello. A further update. Having been to the solicitor, she was advised to leave things as they are. The oldest child can change her name in April 2018 by deed poll. Any attempt to change the court order before then might involve cafcass, social services, school reports etc and even then it might be refused, so she is prepared to wait and do it in 2018, hopefully, without any hassle. Thanks for all your replies and comments.

[TheRtHonSec]

Ive just posted an update on this but it didn't appear in the latest posts. ???