Changing my son's name (UK Law)?

[webb]

Before my son was born I changed my name by deed poll to the same as my partners so that when the baby was born, I wouldn't have a different surname to my son.

My partner now my ex (due to him shacking up with my best mate behind my back) has now decided he is uncomfortable with me using the same surname as him and has demanded that i revert back to my original family name and asked me to double barrel my son's name.

I told him I was happy to do this on the requirement that he pays for the name changes.

He has decided that I should pay for the name change as it is to add my 'maiden' name and as his is already part of my son's name then he can't see why he should pay for it even though he's demanded it. He's also refusing to let me change our son's name to just my maiden name if I pay for it. I have said if I am to pay for a name change to make him feel better then I won't pay for his name to be incorporated. He refuses to pay half towards a double barrel.

Anyhow, as we weren't married and as I changed my name before my son was born, is it fair to say that I gave my son MY surname not his dad's and if so, does that mean I can change my son's surname without his permission as I never gave my son HIS surname in the first place?

The reasons he has given for wanting the change of name are: (copied and pasted in his own words with names starred for privacy)

Reason 1 * However now we're not together I find it strange you've continued using my surname, and I do not feel comfortable with the idea of you giving your unborn baby my surname because you dont want a different surname to your children. This is why I have granted you my permission to add S****** to T*****' surname, so you can revert back to it with no concerns of having a different surname to your children.

Reason 2 * I see no reason at all for you to keep my surname.

Reason 3 * If you do plan on keeping B**** and naming your unborn baby B**** then I feel this will only confuse T****

Reason 4 * I dont want T**** to grow up thinking his brother/sister is also my child because they share the same surname

Reason 5* leaving T**** confused and maybe distressed as to why I do not pick them up when I pick T***** up for contact with me.

Reason 6* If you wish to keep B***** then you may be aware that once me & 'Homewrecker' are married you will then be sharing the surname with her, I understand you have said previously that you want nothing to do with her or for her to be apart of your life therefore I believe sharing the same surname as her would maybe leave you feeling uncomfortable.

Reason 7* You claim you have moved on H**** but clearly not when you continue using B**** which is my birth name and clearly it was easy enough changing your drivers licence, passport, medical records, bank statements etc when you went from S***** to B******, it wasn't an issue for you then.


I am planning to change my son's name without his permission because of the bullying tactics and because I am paying for it I will just be using my maiden name. With the reason's he has given and with the fact that I gave my son my surname as i had changed mine by deed poll. Is a court likely to demand it changed back when he challenges it. My son is 2 years old. We broke up when my son was 16 months old and we only lived together as a family for 16 months, from my son's birth to our separation

[claudius]

unfortunately you have to have the permission of your ex-partner to change his sons' name

[chadburne48]

The wording of the law is :-

A child's legal name can easily be changed by Deed Poll providing everyone with parental responsibility for the child consents to the name change.  If your child is 16 years of age or over (or approaching their 16th birthday), they must apply for their own Deed Poll for which parental consent is not required.

This means you both have to agree to the child's name being changed.

Unless this is affecting your child then I think just leave things as they are and don't change your name if you don't want to. Dont give in to these obvious bullying tactics but don't do it expressly to annoy someone.

[shaddoc98]

lets go back a couple of steps...
you do not need to do any paperwork for the child,
(or even yourself if all you doing is reverting to a previous name)

you are also letting yourself be pushed around and are dancing to someone else's tune.. why ?

anyway.. names:

1) child's family name can be 'either' (or both) of the names on the birth certificate.
Automatically !

-> if you look, it only has the full names of the parents (usually maiden in your case)
The child's given (Christian) name is the only additional information present

you only need Deed Poll, to use a different 'alias' than is present on the birth certificate. As such you and your son may use any family name present on that document (now).
eg a new parent not previously on the scene adopting the child


now lets get back to Deed Poll's
http://en.wikipedia.org/wiki/Deed_poll - wikipedia
http://www.deedpoll.org.uk/WhatIsADeedPoll.html - alternative explanation

They do not change your name as such.
It is not even a public record ! (no one can check deed polls unless you record it)
it is a legal document, but not a record.


Deed poll for children,
http://www.deedpoll.org.uk/CanIChangeMyChildsName.html
is where a 'new' father has turned up, and you want a previously unconnected person's name to now be used as the new name. Hence the previous parental permissions required.


So if you are discussing just changing your sons name between the 2 family names listed on the birth certificate, then there is no paperwork needed.

There was for you - as you had no paperwork (marriage cert) linking your new (at the time) preferred name to your old name. Hence the deed poll for whichever organisation(s) needed it.




At this point,
'You' can call yourself whatever you want (don't listen to your ex. His problem !)
Your Son, can be called whatever 'he' or 'you' (his carer) wish also.
if your ex wishes to call the same person (his son) by a different name, his choice !


Again, why are you letting your ex (for whom you have so much current respect ;P )
run your life and choices.

please talk to your local CAB or even the passport office (who better)
but as I understand it you really don't need any paperwork,
You the parent chooses what they will be known as.

[wendlesora]

The website below gives you information regarding the legality of changing your child's name, the law varies depending on when and where your child was born.