Court order for change of a child’s surname
21 September 2021 at 1:19 am #59824
My ex partner applied to court for our son to have a double barrelled surname (taking both our surnames). We were never married and our son took my maiden name.
I accept the court order even though I was not in favour – my ex has informed me though that I need to make the necessary arrangements as well as payments to get this done. As it was an order that my ex requested surely it’s his responsibility to do this not mine?
My ex has our sons birth certificate so I believe there should be nothing stopping him from sending this through with the court order to deed poll to get the change of surname.
I’m now worrying as he’s informed the court that I’m not willing to assist which is untrue – if anyone can assist or give advice it would be much appreciated!21 September 2021 at 1:48 pm #59837
I would respond directly to the court and ask them their views on who should be taking up that responsibility. Legal matters can be a funny thing and if there was something in the contract that refers to who makes what payments, etc. then that gives your answer. If it doesn’t, then that’s where the advice from the court or even deed-poll office would come in useful.
If he is trying to force you to pay unnecessarily, this could be construed as a form of harassment and may even allow you to campaign against the change of name!
He is probably doing it to ensure he is keeping more rights, but just being on the birth certificate and maintaining contact is enough for his parental rights – some just like that extra security, which is why I can understand you agreed to the declaration21 September 2021 at 2:26 pm #59839
If the court order has already gone ahead, your ex will have been the applicant on the order (i.e. they ‘applied’ for it), you should have been the ‘respondent’? Don’t quote me, but any dealing I had with court where I was the applicant, I was liable for the payments. If you are liable for half of the payments (which I doubt), his solicitor should have communicated that with you.
How old is your son? Is he agreeable to the change? Is your ex on your son’s birth certificate (i.e. does he have parental rights?) Because if you both have parental rights, nothing can be done legally without BOTH parents agreeing in court. If you agreed the change however, you’ve been compliant so no court is going to demonise you for that, as long as it is something your child actually wants too.
If in doubt, call the family court admin department, quote your court order number and ask ; )
Hope this helps22 September 2021 at 8:51 am #59936
Thank you Ray and TK – your responses are much appreciated! I contacted the court and they confirmed that there is no obligation on either party to change our sons surname.
As long as I’m not attempting to obstruct my ex from getting this done (which I’m not and he has all the docs to get this done) then I’m adhering to the order. Huge relief as my ex appears to have got the wrong end of the stick and has implied that I’m responsible for taking the necessary steps and that if not carried out I will be in breaking the order.
Again thank you, it’s such a weight off my mind to know that I can share things and get support off this forum from other single parents 🙂12 October 2021 at 10:50 pm #61026