Author: Craddock Murray Neumann Lawyers
Publish Date: Nov 24, 2008
Sometimes when a parent changes her surname or remarries he or she wants to change a child’s surname as well.
If the other spouse agrees to the change, it can go ahead. If there is no agreement an application can be made to the Family Court.
An application can also be made to the Court asking for orders to stop a parent from changing a child’s surname, or requiring a reversal of the name change if it has already been done.
How does the Court decides the Application
The Court will only stop a change of surname, or reverse a surname change, if the Court is satisfied that:
1. the change was made without the consent of the other parent; and
2. it does not promote the welfare of the child.
The Court may consider matters such as:
- the short and long term effects of the change;
- any embarrassment that could be experienced by the child if their name is different from the parent they live with;
- any confusion or identity issues that could arise for the child if the name is changed/not changed;
- the advantages both in the short term and in the long term for the child if their name remains as it is;
- the time a parent spends with the child and the time he/she is likely to spend in the future;
- the degree of identification the child has with their father/mother;
- the degree of identification the child has with any step parent.
In some cases, the Court has decided that a hyphenated surname is a good compromise.
If the Court allows an Application for a surname change what is the procedure?
If the Court allows a change of surname, it will declare that it is in the best interests of the child that his or her name be changed, and that the formal record of this should be made according to the laws and practice of each State.
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service. Dominic will refer you to one of our Accredited Specialist Family Lawyers.
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Craddock Murray Neumann Lawyers
Sometimes when a mother changes her surname or remarries she wants to change her child’s surname as well. If the child’s father agrees to the change in surname, it can go ahead. However, if the father does not agree to the change in surname the mother would need to make an application in the Family Law Courts for permission to change the surname.
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