Hi
I'm looking for a little advice please. After a number of awful years of trying to see my children and dealing with an unco-operative ex-wife etc etc I'm now in a better position in that I'm talking to and occasionally seeing my 13 year old daughter. UnfortunateIy I haven't seen my 11 year old son for 18 months and today had an email from the mum saying he wants to change his surname to be the same as their step dads and two brothers. I replied that I would consider the request but that I'd like to talk to him about this. I said this is a big decision so should be discussed. She said can he just send you a letter and I of course said no because this didn't really evidence the maturity needed to make that decision. When he is 16, he can of course make the decision if he so wishes. An hour passed and out of the blue and suspiciously I had an email asking if I would sign a Parental Responsibility form to allow her and her new partner to make decisions (medical etc) in an emergency if she or I were unavailable. I said this sounded fair and I would look at it. I then found this online..
https://childlawadvice.org.uk/information-pages/parental-responsibility/
It seems to suggest that if I sign they would have the right to change their surnames without my consent? Is this true or would they still need my signature?? I'm not opposed to the need for the stepdad to have a medical say etc but it just seem too much of a coincidence... Thanks in advance.
Hi There,
If your ex's partner were to be given PR then your ex still couldn't legally change your sons name without your consent, see below an extract from the web page you linked too...…
Do all Parental Responsibility holders have to agree before a decision can be made?
In most cases, decisions can be taken by one Parental Responsibility holder. It is not always necessary to seek the consent of another person if they have Parental Responsibility.
For example, a school may only need consent from one person with Parental Responsibility to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from court to prevent this taking place; the court will make a determination for what they believe is in the child’s best interests.
Where there is a major decision to be made about the child’s life, all those with Parental Responsibility will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child or have the child put up for adoption, all those with Parental Responsibility must agree.Do all Parental Responsibility holders have to agree before a decision can be made?
In most cases, decisions can be taken by one Parental Responsibility holder. It is not always necessary to seek the consent of another person if they have Parental Responsibility.
For example, a school may only need consent from one person with Parental Responsibility to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from court to prevent this taking place; the court will make a determination for what they believe is in the child’s best interests.
Where there is a major decision to be made about the child’s life, all those with Parental Responsibility will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child or have the child put up for adoption, all those with Parental Responsibility must agree.
GTTS
Thank you for replying. Much appreciated.
why are you so willing to give up PR? I think you should remain.
Name change will be given if it's in the child's best interest, it is common to have a double barrel name, perhaps suggest this?
Courts very rarely allow name changes and I think allowing the child to wait is the sensible view. Personally I wouldn't sign the PR documents either but that's your decision to make.