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Child Name Change

Duncan Lewis Children Lawyers – Child Name Change

 

When parents divorce or dissolve a civil partnership and perhaps remarry it is not unusual for the resident parent to wish to change their children’s family name either to their own – or to the family name of their new partner to help unify the new family members and make official documents like passports less complicated.

 

Children’s names are changed by Deed Poll – and children over the age of 16 must apply to the court to change their own names.

 

Children may also wish to change their family name if parents separate – but before this can happen, it is necessary for the non-resident parent to agree to the name change if they have Parental Responsibility.

 

If the legal father named on a child’s birth certificate is not the biological father, it will be necessary to submit proof of this to change a child’s name without the legal father’s permission.

 

In cases where permission from a parent with Parental Responsibility is needed, unless this is obtained, a court may reverse any change of name.

 

If agreement cannot be reached between parents, the following options are available:

 

Changing a child’s name – Specific Issue Order

 

If parents are unable to agree on a name change for a child, it is possible to apply to the court for a Specific Issue Order, in which case the court will examine the details of the case and make a decision.

 

Changing a child’s name – Prohibited Steps Order

If the resident parent has decided to change the family name of a child without the agreement of a non-resident parent with Parental Responsibility, it is possible to challenge this in court by applying for a Prohibitive Steps Order. The family court will examine the details of the case and make a decision in the best interests of the child.

 

Changing a child’s name – Change of Name Deed

Once parents do reach agreement on changing a child’s name, this can be formalised using a Change of Name Deed, which acts as proof of the name change for official purposes.

 

Duncan Lewis children lawyers advise parents to get in touch as soon as possible if they are planning to change the name of their child – or are in dispute over a name change involving a child. Duncan Lewis can negotiate a resolution without resorting to costly court hearings – and can also advise on alternatives to court action, including Family Mediation.

 

Duncan Lewis Family Mediation – Child Name Change

 

In cases where agreement cannot be reached between a couple, Duncan Lewis can arrange Family Mediation to help both parties work through the issues and reach a solution, without recourse to the courts.

 

The courts will always take into account the welfare of the child so working through any differences within lawyer supported Family Mediation can help avoid traumatic court action.

 

Both parents can appoint their own Duncan Lewis child care lawyer to give independent legal advice at every stage of the mediation process – Duncan Lewis’ own Mediators include Resolution qualified Professional Practice Consultants.

 

Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our team is well placed to help you with any issues involving changing a child’s name.

 

How can Duncan Lewis Solicitors help you?

 

Duncan Lewis Solicitors can advise you in relation to Child Name Change. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

 

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

 

How will the matter be funded?

 

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.

 


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