Changing a child's name – deciding who decides

Publications > Changing a child's name – deciding who decides

 

January 2012

It is important for parents to understand that they must make major long term decisions jointly unless otherwise ordered by a court. If you or your ex-spouse are looking to change your child’s surname, read on to better understand the process..

 

How do parents make decisions regarding their children?
Both parents of a child have parental responsibility for their child, unless an order of the court states otherwise.  Where two or more people are to share parental responsibility, any decision that is a major long term decision is required to be made jointly.  This means that even where the child lives with one parent for the majority of the time, both parents will have to consult with one another regarding major long term decisions.

 

Major long term decisions include changing a child’s name.
There may be instances where a court has ordered that one parent is to have sole parental responsibility, however such an order is rare.  It is more likely that parents will share parental responsibility for their children.

 

What if parents cannot agree?
A parent may bring an application to the court to change a child’s name.  The paramount consideration of the court when deciding such an application is the child’s best interests.

 

A court may restrain a parent from changing a child’s name when the change of name is made without the consent of both parents and the change of name does not promote the best interests of the child.  The same principles apply when the court is asked to restore a child’s name after a change has already been made.
Factors that a court will take into consideration when determining such a matter are:

 

• The welfare of the child as the paramount consideration;
• both short and long term effects of a change to the child’s surname;
• the possible embarrassment of the child from having a different surname to that of the parent with whom the child primarily resides;
• the likelihood of the child experiencing confusion from a change of name or lack of change of name;
• the effect on the relationship between the child and the parent whose name the child bore during the marriage;
• the effect of frequent or random changes of name would have on the child;
• the advantages to the child both short and long term if their name remains the same;
• the contact that the father has had with the child and is likely to have in the future;
• the extent to which the child identifies with their father;
• the extent to which the child now identifies with their mother and stepfather;
• the extent to which the child identifies with a child to be born to the mother and any likely confusion cause by restoring their father’s name; and
• the desire of the father to have his name restored to the child.

 

What are the next steps?
You should consult with a family lawyer regarding your concerns as to your child’s name.

 

Contact
For assistance and confidential advice about your family law situation, please contact Tuskeen Jacobs at t.jacobs@rostroncarlyle.com or 07 3009 8444

 

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