Child Care Solicitors

Naming a child is one of the most important decisions parents make together; so is it justified for the resident parent to simply change their child’s forename or surname when their relationship breaks down?

Changing a child’s name requires the consent of all parties with parental responsibility. Hence both parents need to provide their explicit consent to change their child’s name. It is viewed that the child’s name is paramount to the identity in which they hold and recognises the parents. If both parents are agreeable to the change of a child’s name this is a simple process. However, it is unusual for there to be an agreement so usually the parent who wishes to change a child’s name will require a Court Order.

When the Court assesses a change of name application they refer to a number of factors such as - whether it is in the child’s best interest to change the name? Is the child at risk of harm with their current name? Would the change in name improve the child’s welfare?

If a child has a different surname to his/her siblings it is insufficient to state that a change of name would be in his/her best interests on the sole ground that this difference in surname would isolate the child. Further, as a parent, it is insufficient to argue that as the child does not share the same surname as you, you face constantly queries about whether or not the non-resident parent is aware of the assistance you are seeking for your child.

The burden lies with the parent who wants to change the name to provide evidence to support their case that the change of name is in the child’s best interest. The change of the child’s name will only be made if it will improve their welfare. This threshold is reiterated in established case law. If it cannot be shown that the change of name will improve the child’s welfare then the court generally adopt a policy to maintain the status quo.

Interestingly, despite residing in a multi-cultural community it is not sufficient, upon the break-up of the marriage to seek to change a child’s name based on the name not being accepted socially and culturally. Although, this may be viewed as a harsh position, the Courts have confirmed that in order to change the name of the child, the paramount consideration must be the child’s welfare. However, the Courts appreciate the sensitive cultural issues that prevail in some cases. For example, it was allowed for the children in a case to be called by Muslim names on a day-to-day basis however the Court refused to allow the formal change in order to protect the child’s Sikh heritage for the future. Even if a name cannot be changed formally, there is still scope to have the name amended on a day-to-day basis through an order of the court.

Therefore, it is imperative that there is careful consideration of these issues and that legal advice is sought promptly when considering the change of a child’s forename or surname. Duncan Lewis is a leading Legal 500 & Chambers UK Law Firm with offices across London and throughout the UK. If you believe that it is in your child’s best interests for his/her name to be changed or your ex partner intends to change your child’s name without your consent then legal advice and assistance can be provided to you by the Family Department at Duncan Lewis Solicitors.

Author, Savita Sharma is Solicitor & Joint Head of the Family Legal Department at Duncan Lewis.

By Savita Sharma