Mar
2008
Can my ex-wife change my child’s surname without my permission?
March 25th, 2008 at 11:30 am by Clive Bellmore in ChildrenThis is something I have been wondering myself for some time, and I’ve heard mixed stories on the actual legal position. I aim to clarify the situation this week for everyone, and for myself, as I’m genuinely concerned about the whole thing. I don’t want my children growing up with someone else’s name, either my ex-wife’s or someone else entirely different.
I heard from one woman that she was able, should she want, to change her two children’s names because she and the father of the children were never married, and his name isn’t on the birth certificate. Therefore she has the right to change their names from his, to hers if she wants. She said she would never do that, but it’s her right.
I’ve also heard that if you were married and the father’s name is on the birth certificate then the mother does require the father’s permission to change the surnames of the children. This is, I hope, the real case. As I said I will be investigating the legal position this week and will update everyone here.
Can my ex-wife change my children’s names without my permission? I hope not, and I aim to find out.
Please Look:| Buy contact lenses smoothly online at Shopping4net. |
| Radiator Valves |
| Children's toys at great prices. |
| Childrens waterproofs available here |
| Come to us and choose the creative retoucher who suits your project. |
Comments
[...] on I asked if my ex-wife could get my children’s surname changed by deed poll without my permission. I’ve done some routing around and I’ve found what I [...]
Can my partners ex-wife put his surname on her new babys birth certificate when its not even his baby
If his surname is also her surname at present then yes, she can use that name. It doesn’t mean he will be liable in any way though. His name won’t be going on the birth certificate, only her surname through marriage.
Hi Clive, Did you ever find the answer to this question? Hope you can share with us all!
I did Matt, but as ever it’s open to the abuse felt by many legal systems. If your name is on the birth certificate as the father, the mother needs your permission to change the child’s surname.
However, she can get it done without your permission if she states that you’re absent, and cannot be contacted. She has to try to contact you, but this is where it all falls down. She can simply say she’s made every reasonable effort to do so, even though she hasn’t.
I found that my daughter’s name has been changed, without my knowledge or permission. I saw a photo of her in the paper at her school, with her mother’s maiden name. I wasn’t contacted, despite having the same phone number I’ve had for the last ten years.
Hi,
I have two beauitul daughters , one is eleven and the other is nine. My ex husband has come in and out of the girls lives for many years. He recentley tried to contact them threw bebo and the eldest did try and speak to him. Asking him the question why have you never been bothered with us. At eleven she also asked the question why he never got them birthday cards or presents. He sent her a tex message saying he wont be bribed. This man has done nothing for his children ever, the eleven year old is a top student as where my other little girl has Asd. I have never asked for anything from him , apart from stop messing them about. My eldest daughter now has taken him off the high stool she has had him on over the years and no longer wants anything to do with him. I remember nearly 6 years ago so they have a great step dad who takes care of there every need. They want to change there surname to the same as ours and there younger sister. I dont feel i should have to contact this man has he breezed in for 2 weeks didnt like the questions his very intelligent daughter was asking and now has gone back out of there lives, without even seeing them. Im not a nasty person but feel my girls have been hurt beyoond belief from this man. How do i go about getting there surnames changed.
Please help it would make there day
sorry i made a error it wasnt remember is was (remarried)
Is there any legal action that you can take to change the child’s surname back? I’ve just discovered that my children have had thier surname’s changed to my ex-wifes new married surname. I was not asked permission and would really like them to carry on my family name.
Hi hope anyone can help me my ex has told me that she hs changed my kids surnames as she went to the solicitirs and had 2 witnessness now if thats the case what about fathers rights surley i have a right or is the system stupid i just want to see my kids
Hi Gareth, was your name on the birth certificate? If not, then you have no rights. If it was then she has to declare that you were non contactable.
She can’t change the kid’s surnames without your permission if your name is on the birth certificate, but sadly it happens. I suspect it’s happened to me, but as I can’t see my kids and she won’t speak to me I can’t even find out.
My daughter is on MSN and now has a different surname. I am on the birth cert, they can get hold of me, they wont answer my calls. She has remarried a serviceman in the Army and i am afraid she may try and take my children out of the country if / when he gets posted. I have no idea if they are in the country. What can we do to get some sort of rights for Fathers as this is getting beyond a joke for every father that wants to see their children!
No even if you wernt married and you didnt have parental responsibility and even if a child is born before 1 dec 2003, no mother can change a child name withour first consulting the father, i have found this out myself very recently as this is what i did. if a mother does this then apply to the courts as there is a very good chance she will have to revert it back…trust me!!!
see dawson v weymouth case, as this is what a court will revert to and this is why you have to see advice, i was told by solicitor and citizens advice before i did my sons name change, and basically i should never have done it without consulting the father
How do you find out if your ex-wife has changed your children’s name legally? My girls go by and have done so since our divorce in 1994, their stepdads last name. I need to know if my 18 year old has legally changed hers. Thanks for the help!
if absent fathers have been there for their kids 24/7 this situation wouldnt arise, the courts mostly likely will make a parent revert to the name on birth cert if both parents don’t agree to name change but it doesn’t make a difference. You can still been known by another name, introduce your child to school, friends,family,doctors as you wish but you’ll have to obtain a passport & open a bank account using birth cert. Absent parents who don’t help build a relationship or help with the financial cost of bringing up their child, who don’t buy them necessaties also don’t have the privelage of having their family name carried on or to come and go as they please . p.s once the child reaches 16 they can change their own name by deed poll anyway!
I just want to say there are good dads out there I love my son as much as any father but when the ex-wife wants to pull your kid away from you there is very little you can do you can go to court and waste a lot of money as I did on name changes visitation rights etc.. But in the end the woman holds all the cards I tried everything in my power to avoid this situation by kissing her but and that only made things worse so my advice is take the kids as quick as you can before she has the opportunity to scam you out of you parenthood. Be the one who allows her to see the kids Hold the ball and don’t drop it.
Hi
I’m currently in the process of trying to get my wife to court for parental abduction and I know she is going to attempt to try to change my childs surname.She is re-entering the UK without telling me and thinks she’ll be able to do that no problem.
Hi
Can I change my sons name on his birth certificate without his fathers permission? His fathers name is on the birth certificate.
My daughter has 2 very young children, the youngest is just 2 weeks old, she registered her birth without the father being there (they have split up and were not married) so my new grandaughter has our surname, the eldest has her fathers surname (same father) but now my daughter has started calling her by our surname, her ex is no good, she doesnt want her children to have different surnames and didnt want new baby to take his name, he certainly is not worthy! She knows she cant change it legally and he wouldnt allow it, I just hope she isnt told by court to change it back as she will have 2 children with different surnames! The law should be if you and the father are not married you cannot give child his surname.. all I hear is single mums changing their childrens surnames.
My husband and I have reason to believe that his ex-wife has registered his youngest daughter (and maybe his two other daughters)in school with her new husband’s last name. The past two visits that my step-daughter has come to our home she has said that her teacher at her school (she has been registered there since November 2008) keeps referring to her with her new step-fathers last name and that she doesn’t understand why and does’nt like it. She even told us over this past weekend that she received student of the month and the notification email refers to her with her new step-fathers last name. She told us that she always writes her real last name on all of her papers and her teachers won’t listen to her. She said that he mother had told her that she had sent the student of the month email to us, when she actually hadn’t and that her mother told her the school only refers to her with stepdad’s last name because he went to grade school at that school. It all sounds so strange, especially since he is in his late thirties and went to gread school years ago. My husband is active in his children’s lives, not the deadbeat father that most people think of. He calls regularly (we live three hours apart), we have the girls for visitation regularly, we pay our portion (and sometimes all) of their medical expenses when their mother refuses to do so even though she is in contempt of the court order, and he has his child support directly debited from his paychecks so that it is on time every time. She does not notify him of much regarding the children (she even refers to certain medical bills for the children that have supposedly gone through her insurance, but that she has not had submitted through ours-we have dual insurance on the children and she is the primary). It’s all just so strange. It seems like there is a lot that is so secretive and causes a ton of concern. These are wonderful children and we do not want to see them “messed up” because their mother tells them to hide things, such as a name change, from their dad. And I do know for a fact that she has asked the children to hide things from their dad in the past, which is why I would not be surprised if she did it again. What should we do?
I have a daughter w/ my ex and now am married. My ex hasn’t been involved in her life at all but was forced to pay child support by the state. I no longer want him to since I want to change her last name n especially want full and sole custody of her. He refuses me do either of them and I want to know what can I do to change it anyway??
i think a child should be able to choose their name. I have my fathers name and he is an absolute idiot. he made it perfectly clear he doesn’t want me and i got stuck with his and his new wifes name. My mom kept his name and i have asked repeatedly to change my name just for her to say no it doesnt matter. but it does to me. I really feel sorry for you fathers who are probably totally decent peopl and being unable to stop the change in your childrens names whereas i cant wait to change mine. I guess we want what we cant have *sigh. In one year i’ll be able to change my name myself though. Dont know what to …
I was with a girl for 6 years and we had a little girl that I raised for 3 years, my name is on her birth certificate. I took her to court to try to get custody of our daughter and they did a dna test and found out she’s not mine. Even though she has my last name, they tell me that I have no rights. She doesn’t know who the babies biological father is. And now she’s remarried and enrolled my child (to me, she’s my child) into school with her husbands name. Is there anything that I can do to see my little girl. Can she change the childs name without me knowin, since I’m not technically her dad? Is there anything I can do to see her again.
I was with a girl for 6 years and we had a little girl that I raised for 3 years. She then told me that the child is not mine. We had a dna test done and confirmed that she’s not my daughter. I haven’t seen my daughter in over 3 years because I was told that I have no rights even though my name is on the birth certificate. she doesn’t know who the biological father is. Well my ex is remarried and wants to adopt my kid. She even enrolled her into pre k under her husbands name but when it came time foe kindergarden they told her that she has to use the name on the birth certificate, which is mine. They are trying to change her name legally and say there’s nothing I can do because i’m not her biological father. I have talked to several attorneys and I keep getting contradicting info. Is there anything that I can do to stop this and have her keep my name?
hi.
my ex husband has had nothing to do with my daughter for 4 years, im in constant fights with the csa as he stopped paying when he met his new wife, but is happy to support her kids and she receives money from there father!!! My daughter really wants to change her name to the man who has cared for her helped with homework played games fed and clothed her. We found my ex husband who has moved 2 streets away and asked him for permission as hes had nothing to do with her and hes had 2 more children by 2 more women , one of which was conceived in my house behind my back and doesnt support that one either He said he would give consent and then said no he wouldnt she have to wait til shes 16. Is this right?? This man aka “The Doner” (excuse the phrase but thats all he is) is on £600 per week but self employed so csa cant touch him, i work all hours to bring her up while hes swaning around with new cars holidays abroad etc and i was told by my solicitor ill have to pay to fight him in court. Christian Ganderton of Kidderminster is a disgrace to men who genuinely fight to see their kids and pay for them not lie and deceive their way through life.
hi leomary.
You know what id do forge a letter from him n change it that way.
i changed my son’s name by deed poll his dad went to turkey and got married a week after we split my son was 9 months he came back after 3 months but did not have contact with his son tilll he took me to court when my son was 3 he is saying his going to take me to court to change is name back to his surname will they change it back i want his surname to stay as mine as if it goes back to his his told me in the past he will take my little boy t turkey and nt bring him back
Add A Comment