Family Law Case Study - Change a Child’s Surname

02 August 2016

By Amy Arnold, Trainee Solicitor in Family Law & Divorce

Client Situation

The client instructed us to apply for a Court Order to change a child’s surname. The father of the child, who had Parental Responsibility, had not responded to written requests for authority to change the child’s surname.

How We Helped

Due to circumstances in which our client was granted Parental Responsibility for the child, we claimed an exemption from Mediation and made an application to the Court for a Specific Issue Order to change the child’s surname on behalf of our client.

Family Law Solicitor Amy Arnold prepared the necessary documents for our client’s Court hearing and instructed Counsel to represent our client on the day. At the directions hearing, the Court approved the change of name and granted the Specific Issue Order Amy had applied for.

The Outcome

As Amy had written to the child’s father, who had Parental Responsibility, prior to making the application to the Court and the child’s father had not engaged, the Specific Issue Order was granted at the first Court appearance and our client was saved from lengthy Court proceedings. Our client now has the authority, from the Court, to change the child’s surname by informal usage or by deed poll.

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