Changing a child’s surname without the father’s consent.
Family law solicitor Elle West explains when you can change a child’s surname, whether you need the father’s permission, and how to apply to the Family Court if consent is refused.
It is increasingly common for parents to want to change their child’s surname following separation or divorce, because the child no longer has contact with their father, or because the child has a different surname from their mother, stepfamily or half-siblings.
But can you change your child’s surname without the father’s consent?
Do I need the father’s permission to change my child’s surname?
If the child’s father has parental responsibility, his consent will generally need to be obtained before the child’s surname is changed.
This can apply even if:
- you and the father have separated or divorced;
- the child lives with you;
- the father has little or no contact with the child;
- you and the father are no longer on speaking terms; or
- the child wants to use your surname rather than their father’s.
Parental responsibility is therefore an important starting point.
Government guidance specifically addresses changing a child’s surname in the context of parental responsibility.
What if my child’s father has no contact with the child?
An absence of contact does not necessarily mean that the father’s parental responsibility has disappeared.
Consequently, the fact that a father has not seen his child for months or even years does not, by itself, mean that the other parent is automatically free to change the child’s surname without his approval.
Seeking consent and applying to the Family Court
If the father has parental responsibility and refuses to agree to the change, you should not simply change the child’s surname without dealing with the issue of consent.
Instead, you may need to apply to the Family Court for an order determining whether the child’s surname can be changed.
The same problem can arise when a father simply ignores a request for consent. If agreement cannot be obtained, legal advice should be taken about the appropriate application to the court.
At this stage, it is a good idea to obtain expert legal advice, as correspondence sent direct from a solicitor can be particularly effective in showing your intentions and potentially avoiding court proceedings.
If court is the only option, then the Children Act 1989 provides for Specific Issue Orders, which enable the court to determine a particular question relating to parental responsibility for a child.
Our experienced family law solicitors can advise you about approaching the other parent for consent and, where necessary, making an application to the Family Court.
What factors will the Family Court take into account?
In determining issues concerning a child, the child’s welfare is the court’s paramount consideration under Section 1 of the Children Act 1989.
The court will consider the circumstances of the individual child rather than simply deciding whether one parent’s preferred surname is better than the other’s.
Relevant considerations can include matters such as:
- the child’s wishes and feelings, considered in light of their age and understanding;
- the child’s physical, emotional and educational needs;
- the child’s age, sex, background and other relevant characteristics;
- the reasons for the proposed surname change; and
- the effect that changing, or not changing, the surname may have on the child.
Does my child get a say in changing their surname?
The child’s views can be relevant, but how much significance is attached to those views will depend upon the circumstances, including the child’s age and level of understanding.
A court considering an application relating to a child’s surname will focus on the child’s welfare rather than treating the dispute simply as a disagreement between the parents.
What happens when I apply to court to change my child’s surname?
The other parent will ordinarily have the opportunity to give their position to the court.
Cafcass may also become involved in Children Act proceedings. Government statutory guidance describes both the court-order framework under the Children Act and Cafcass’s role within it.
The court may require further information or evidence before making a final decision.
Changing a child’s surname can be an emotionally sensitive issue. Proceedings can also bring wider disagreements about the child to the surface, including disagreements about contact or other parental arrangements. It is therefore sensible to obtain advice on the potential consequences before making an application.
Can Slee Blackwell’s Family Law solicitors help me change my child’s surname?
Our Family Law solicitors can advise you on whether consent is required, communicate with the other parent and, if the issue cannot be resolved by agreement, deal with an application to the Family Court.
The Family Law team at Slee Blackwell Solicitors can assist with:
- establishing who has parental responsibility;
- seeking the other parent’s agreement to a change of surname;
- advising you if the father refuses or fails to respond;
- applications to the Family Court;
- Specific Issue Order proceedings;
- preparing witness statements and position statements;
- representation at court hearings; and
- instructing barristers where appropriate.
So, if you are considering changing your child’s surname and the other parent will not consent, speak to our Family Law team before taking further action.
Contact us for a free confidential review with one of our family law specialists.
We will be happy to review your circumstances free of charge and outline the options open to you. We can also advise you on funding the case.
Call 0333 888 0404 or email [email protected].
Frequently Asked Questions
1. Can I change my child’s surname without the father’s consent?
If the father has parental responsibility, his consent will generally be needed. If he will not agree to the change, you may need to apply to the Family Court for permission.
2. Can I change my child’s surname if their father is absent?
An absent father may still have parental responsibility. Lack of contact does not by itself mean that you can change your child’s surname without his consent.
3. What happens if the father refuses to let me change my child’s surname?
If the father has parental responsibility and will not agree, you can take legal advice about asking the Family Court to determine the issue.
4. Can I change my child’s surname to my surname?
Potentially, yes. However, if another person with parental responsibility does not agree to the change, court permission may be required.
5. Can I change my child’s surname after divorce or separation?
Separation or divorce does not by itself remove parental responsibility. If both parents have parental responsibility, the question of consent still needs to be considered.
6. Do I need a solicitor to change my child’s surname?
Not in every case. However, a solicitor can be particularly helpful where the other parent has parental responsibility and refuses to consent, cannot be contacted or where a court application may be required.
7. Can a court allow me to change my child’s surname?
Yes. The legal framework provides for the court to determine specific questions concerning the exercise of parental responsibility, and the child’s welfare is central to the court’s decision.
