Maybe.
The key question here is whether your ex-partner has parental responsibility or not. If they do then you MUST get their consent for any name change. Even if they don’t have parental responsibility it is usually a good idea to keep the other parent in the loop to avoid them causing difficulties later. A parent without parental responsibility but who has frequent contact with the child may be able to challenge or reverse the name change.
Name changes are one of the key decisions for children that require all of those with parental responsibility to consent. This still applies if the other parent isn’t involved in your child’s day to day life and hasn’t seen them for a long time.
Change by agreement
If everyone with parental responsibility agrees to the name change you have 2 options:
1) Make an unenrolled deed poll using a specialist deed poll agency or solicitor; or
2) Apply for an enrolled deed poll from the Royal Courts of Justice.
If you chose an unenrolled deed poll, this means that your child’s new name will usually appear on public record in The Gazette. Some organisations will only accept an enrolled deed poll as a proof of name change.
You can find more information and court forms here:
https://www.gov.uk/change-name-deed-poll/change-a-childs-name
Change without agreement
If the name change is not agreed you will need to make an application to the court for an order. You will need to apply for a “specific issue order” on Form C100.
Details on how to apply for an order can be found here:
For your application to succeed you will need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for the order to be made. The court will consider issues such as: when and the circumstances of the name change being raised and. why you want to change the name.
The child’s age will be taken into consideration by the court. For a very young child a judge is less likely to allow a name change, especially if it is to change the surname of their other parent. For an older child, 11 or over, a judge will take into account their views and at 14 the child’s view will be given a lot of weight. When the child turns 16 they are able to make an application to change their name via the deed poll process themselves.
When an application to the court is necessary to change a child’s name, bear in mind it is more likely to be successful if you don’t try to remove a surname. It is more likely to be approved if you double-barrel a surname to add in a new name that try to remove the other parents surname.
A child’s name is considered an integral part of their identity and therefore this type of application is not taken lightly by the court. You should consider obtaining specialist legal advice before making an application so that you can ensure you put together the best application you can.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.