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Divorce lawyers & divorce solicitors

If you want to apply to change your child’s name, legal advice is recommended

Talk to our family law experts about how you can resolve a ‘change of name’ dispute in or out of court with our help

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Divorce lawyers & divorce solicitors

If you want to apply to change your child’s name, legal advice is recommended

Talk to our family law experts about how you can resolve a ‘change of name’ dispute in or out of court with our help

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Changing your child's name

When a child is born, their name is registered on a birth certificate and it’s common for a child to be given the same surname as the father, both for married and unmarried couples.


If the child’s parents then separate or divorce, the child will then often keep their surname, or last name. It’s not uncommon, however, for a parent to ask if they can change their child’s surname.  It would be a mistake to assume that the courts will automatically agree to change a child's name after separation. 


There are various reasons for this. For example, if there's a history of abuse or a toxic relationship with the other parent, a name change can offer a sense of safety and separation for the child. Or, a parent might not have an ongoing relationship with the other parent and wants the child to have the same surname as half-siblings or step-siblings.

Call 01572 490 660

or request a discovery call

Frequency Asked Questions

Do I need the other parent’s consent?

In short, yes. According to section 13 the Children Act 1989, until a child is 16, “no person may cause the child to be known by a new surname… without either the written consent of every person who has parental responsibility for the child or the leave of the court”. 


If permission is not given, however, the change of last name isn’t possible unless the court gives permission. When one parent is not willing to consent to the child’s name change, the other parent will need to apply to Court for a Specific Issue Order.


Before you do this, the court will request that you try to resolve the matter outside of court, with mediation. Belderbos Solicitors are experienced experts in resolving change of name disputes in and out of court, so get in touch with us to explore the options for you.

 

What is a specific issue order?

Specific issue orders are issued in a family law court to address certain aspects of a child's upbringing or well-being in situations where parents or guardians with parental responsibility are unable to reach an agreement. Their main aim is to make sure that the issue is resolved first and foremost in the child’s best interests.

 
In a family court, a specific issue order may be used to change a child’s name in the following situations:


  • the son or daughter is under 16 - both parents with parental responsibility must consent to a name change. If they can’t agree, a court order becomes necessary
  • parental disagreement exists - even for adults (18+), if a mum or dad with parental responsibility is against a child's name change, a court application might be required to sort out the dispute
  • there are added complexities arise - for example, in situations that involve adoption, surrogacy or safeguarding concerns, the court may need to have oversight of the name change process

If any of the circumstances above apply to you, then we can guide you through the process and represent you in court.

Factors considered by Judge for change of name

The judge will make the child's best interests their priority when making a decision. Here are some factors they might consider:


  • The child's wishes and feelings, depending on their age and maturity - if your child is old enough to understand the implications of changing their name, their opinion will be considered.
  • Reasons for the name change - the judge will weigh up the reasons for the name change against any potential negative consequences.
  • Potential impact on the child's relationship with parents - the court aims to minimise negative impacts on a child's relationship with either parent.
  • The child's existing connections - the judge will consider established connections with the current name, such as school records or social circles.
  • Potential for ridicule or bullying - the judge may look at whether the current name poses a risk of ridicule or bullying for the child.
  • Parental consent - while a judge can potentially override objections, they will usually give weight to parental views, particularly regarding young children.

Alternatives to court applications

Before resorting to court, consider these alternatives:


  • Reaching an agreement - communication and compromise between parents regarding a child's name are crucial. Can a mutually agreeable name change be achieved outside of court? This is likely to save you time and money and is usually the least stressful route.


  • Mediation - family mediation is a voluntary option that enables couples to find an alternative to lengthy, intrusive and expensive court appearances.  To be clear, it isn’t a substitute for legal advice and a mediator will not tell you what to do. Instead, the process will help you and your ex-partner reach an amicable agreement on the name of your child and improve the level of communication between you.

A resolution in your best interests

Together with around 6,500 other family lawyers and professionals, we are members of an organisation called Resolution. Resolution members are committed to resolving family disputes in a constructive way and we follow a Code of Practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions on disputes, such as change of name deeds, that consider the needs of the whole family and are particularly focused on the best interests of the children involved.

The many benefits of keeping your dispute out of court include

  • reduces time and cost 
  • avoids the stress of going to court
  • helps to avoid rifts developing between the parties
  • benefits future communication and relationships
  • have a much higher success rate

At Belderbos Solicitors, our highly experienced and qualified team are specialists in helping you to avoid court and resolve family matters, such as child name changes, without the cost, stress and confrontation.