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Hello, wandered if I could get some advice please? New here so not quite sure how this works!
I am a non resident father who sees his son on a regular basis. I have never missed or been late for any contact. I have a good, happy relationship with my son. I have no criminal, violence or substance abuse history.
I had to go through the courts to get to see my son, and as part of the proceedings I signed to allow my ex-partner a residency order.
I have had since my sons birth, and continue to hold, Parental Responsibility for my son by being registered on the birth certificate in 2005.
My son has recently informed me that his mother has registered my son at school under her own name, even though the court order specifies that where a residence order is in place, the child shall not be known by any other name.
I contacted the school, and they confirmed that my son is using his Mothers surname, and also that they have a copy of the Court Order (???). They are saying that they need the Council to look into the matter before they can action anything.
Incidentally, my ex's brother is the Guardian Chair at the school, and I feel that this is influencing the schools obligations in this matter. I cannot forsee a scenario where he would not have been aware of the order.
I left my details with the headmistress a week ago now, and was assured that someone would be in touch. I have heard nothing and no-one is available when I ring the school.
Can my child be known by another name where the order is in place, and if not, what steps can I take to ensure he continues to use his real name (the name on his birth certificate?). My ex is adamant that she can allow my son to be "known as" any name she chooses.
Many thanks, S
Hi
You are correct, unless your wife obtained a specific issue order, which you would have known about, she cannot have your son known by any other name. In the first instance, I would contact the school again and remind them that they are acting in breach of a court order and that you expect the matter to be resolved in writing to you within 7 days.
Can you confirm that you do not have a solicitor acting for you, in which case we can ask the CCLC to comment on the remedies available.
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