Changing a child’s surname

Case Study: Marek and Ana separated 5 years ago and share a 7 year old child, Marcin. Ana is married to her new partner Jonny and they share two children together. Ana came to see us as she wants to change Marcin’s name so that he shares the same surname as Ana and her other children. 

In the UK, everyone with Parental Responsibility (“PR”) must be consulted before any key decision about the child’s life is made. This includes decisions about the child’s surname meaning Ana cannot simply decide alone that she will be changing Marcin’s surname. Marek must agree, or Ana must be given permission to change Marcin’s surname by the Court. Ana may want to consider trying to speak to Marek to see if they can come to an agreement about Marcin’s surname. Alternatively, Ana could consider mediation. This involves a neutral third-party professional who will assist the parties to resolve the issues. 

If the above options do not work, then Ana will need to make an application to the Court for a Specific Issue Order (“SIO”). This is an application under the Children Act 1989 for the Court to determine issues those with PR cannot resolve themselves. An application for SIO is not just limited to changing the child’s surname, it extends to all matters relating to the decisions those with PR can make about the child (i.e. the child’s religion, health, education, changing their surname, etc.). The decision to make an application to the Court should not be taken lightly as this can be a lengthy and costly exercise. The Court will make a decision based solely on the best interests of the child and at the end of the process, there will be a legally binding Order of the Court which must be complied with. 

If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk