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TOPIC: ++ Name Change Prevention ++

++ Name Change Prevention ++ 5 years 1 month ago #53978

Hello fellow Dads,

In brief...

Ex wants to change our child's name and I do not wish for this to happen.
I'm on the birth certificate, have parental responsibility and regular contact.

Birth certificate has the correct registered name, christened with the correct name. However after the break up the ex has decided to use a 'Known-as' name instead of her real name and of course without my permission. Mediation hasn't worked on this occasion due the end result being the same. I hope to protect my child's identity as there is no welfare merit in the change also.

Therefore can someone advise the following please:

1. How do I protect the name from being changed?
2. Do I make the application to court or does she make it?
3. What specific application forms will I need?
4. Is it actually illegal what she's doing and can I advise the authorities?

Many thanks for your valued help.

Harry

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Last Edit: by Harry1234. Reason: Change Title

++ Name Change Prevention ++ 5 years 1 month ago #53981

Hi there,

Perhaps you could try a Prohibited Steps Order to stop your ex changing your child's name, which you
can do yourself.

Someone on here might have experience with this but a PSO is what springs to my mind.

Tc
Kirsten

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Life is simple...it's just not easy.
Last Edit: by Kirsten.

++ Name Change Prevention ++ 5 years 1 month ago #53987

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Hi Harry

It might be helpful to take some legal advice on this, some solicitors offer a free initial consultation. It's my feeling that if you wanted to go through court a Specific Issue Order would be the one to go for. As you've already attended mediation then ask the mediator to sign the C100 form so that you are able to submit your application.

Your ex can use a known as name, there's no law against that, but she can't change her name officially without your consent. So on all legal documents, passport etc she would retain the name on her BC.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

++ Name Change Prevention ++ 5 years 1 month ago #53993

Hi bud,

At the beginning of the year I had made an appointment with her doctor to check on the progress of the illness my daughter has, and when I spoke to the receptionist, she referred to my daughter by a different surname. I challenged this straight away and was told that the name had been changed upon request of her mother. I took the details of the practice manager and called her the next day. I made my position clear on my position that her name is NOT to be changed and her name is to be changed back immediately. The practice manager agreed and apologised that it should not have been done without both parents consents. The manager also wrote a letter to both me and my daughters mum stating this and apologising that it had been done.

i then made a appointment with the courts stating that she had violated my PR rights and also the contact order which states at the bottom of the order that 'No child may be known by another surname..'

Needless to say, when I got to court i handed the letter to the judge. He asked my daughter mother why this had been done and she gave them a phony-bologny excuse that it had been done by the doctors office because her surname is too long. The judge did not accept that excuse and added to the court order that 'The mother will not change the childs name or have the child be known by any other surname..'

Win for dad!.

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No Justice, No Peace.

++ Name Change Prevention ++ 5 years 1 month ago #53996

Thank you everyone for the very useful advice.

The concerning part of all this, is the ex is already teaching my daughter the 'known-as' name, without any of this even being addressed!

I will proceed with the SIO and get the C100 form.

Any other advice genuinely welcomed.

Thanks again,

Harry

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++ Name Change Prevention ++ 5 years 1 month ago #53997

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... It is the case when there's a court order in place, but without one its easier for the resident parent to use whatever name they choose...luckily you had such an order and were able to put a stop to it.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

++ Name Change Prevention ++ 5 years 1 month ago #54000

My daughters mother has played alot of these games, and continues to do so..

She has went as far as telling my daughter to call her boyfriend 'dad'. Also trying to manipulate my daughter into thinking she had a different surname.

The best way I have found do deal with it is to laugh it off with her and expose her mother as being 'silly'..

'ahahahaha, your mammy is so silly!'.. she has a good laugh now too.

She knows what her name is, and she knows she has '1 mammy and 1 daddy'.. As she says..

Theres no point in becoming angry about it although it makes you want to scream. You just have to remember that theyre just children and the best way to deal with it is just to laugh at it with your child because its so 'silly' and ridiculous.

We have a good laugh about that kinda stuff when it comes up, and my daughter is only 3 and a half. And im sure you and your child will too..

'

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No Justice, No Peace.

++ Name Change Prevention ++ 5 years 1 month ago #54004

I can see my ex doing this, so I have already instructed my solicitors that I want an order in place so my ex cannot change, amend or make my daughter known by any other name than that on her birth certificate. In African culture names are taken very seriously and gives us a real sense of belonging, identity, share of land in Africa and so much history of family. To take away the name would be like taking away the soul!

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++ Name Change Prevention ++ 5 years 1 month ago #54005

Thanks again...

I don't want my child confused especially at an early stage in her life.

I'm not sure if I have the 'not known by any other surname' on the contact order so I'll double check.

That said, I hope if the court will see I'm protecting her identity and I see no welfare merit in the change...

Harry

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++ Name Change Prevention ++ 5 years 1 month ago #54008

There is no justification for it, mate. Its a petty and spiteful act. And I think its pretty hard to justify doing it in front of the court. I mean what possible excuse can you give..

The most frustrating thing is seeing the confusion it causes the child. And the poor little things shouldnt have to worry about this kind of crap..

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No Justice, No Peace.

++ Name Change Prevention ++ 5 years 1 month ago #54010

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The reference to not changing a child's surname in an order is found at the end as part of the warning notice, so if you have an order you have that protection. If this is the case you can go for enforcement of the existing order and that would be applied for with form C79. This does not have to be signed by a moderator.

To avoid court you should write to the mother and make it clear that the court has ordered that your child's surname cannot be changed and if she does so you will not hesitate to apply for enforcement through the courts.
The following user(s) said Thank You: Harry1234

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

++ Name Change Prevention ++ 5 years 1 month ago #54020

Genuine thanks to everyone who has replied to my post.

A special thank you to Mojo and Damjam for identifying the 'Known by a new surname' section of the child arrangement order. I found it under the warning section, hopefully this will go a little way to protecting my child's identity.

I'm familiar with the C79 application from the last time the Ex breached and I can begin the process now. It was useful to ask the forum this question otherwise I may have made the wrong application costing me time and money.

Thank you again and I will let you all know how things pan out.

Harry

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