Childs last name change without fathers consent

[Marvins]

I have recently learned after being reintroduced to my first born child's life that his last name has been changed by DeedPoll without my consent when I am named on the original birth certificate and down as having PR.

Me and my ex partner went through a bad separation and I tried my best to keep access but she took it too far and refused access based on how the relationship ended, basically using him as a weapon to hurt me because I left her after I found out she had been seeing someone else while we were together, because I picked up and went it left her in financial hardship but she still expected me to cover all the costs of her living just to see our child. I refused because obviously I needed to support myself and move on although I did offer support just for him and him only, not her!

For that I was pushed out his life after 5-6 attempts to stay or get back in his life over the period of just over 2 years, making sure I always sent parcels for his birthdays and Christmas's every year to her parents registered address that they still reside in now

Anyway, after being reintroduce I was told by the child his name was his mother last name, so I questioned his mother about this and just asked why and how it was changed, she didn't explain anything other than she changed it by DeedPoll around about a year ago. I asked if that was legal because as far as I was aware, she needed my consent to change the said child's last name.

Now I know in certain circumstances that the name can be changed but in less than a year with her not attempting ANY CONTACT? How would she even go about filing a court order for that..?

I'm just a little confused here and obviously not happy that something illegal could have quite possibly been done to make the change, especially since I applied for a birth certificate in my name around the same time she claimed the change to open a bank account in my child's name for the future for when and if I eventually got the chance to get back into contact.

Can anyone help or shed any light on this please?

[Kati]

Re: Childs last name change without fathers consent

A Deed Poll does not need a court application to be done :sorry:

http://www.deedpoll.org.uk/CanIChangeMyChildsName.html

6. Changing a child's name without the consent of a father whose whereabouts is not known

6.1 Changing a child's surname:
It may be possible for a mother to change her child's surname by Deed Poll without the consent of a father (who has parental responsibility) who is absent and his whereabouts is not known. Usually, this situation arises where a mother wishes to change the surname of her child because the child has the father's surname and the father is now absent following separation or divorce. The mother may have entered into a new relationship and is using her new partner or husband's surname or has reverted to using her maiden name.

7. Changing a child's name when the mother has good reason for not wanting to contact the father for his consent

To change a child’s surname by where the father’s whereabouts is known, we usually need either the father’s consent or a court that gives the mother permission to change her child’s name without the father’s consent. However, if the mother has good reason for not wanting to contact the father for his consent, it may be possible to change her child’s surname without the father’s consent or a court order. Examples of situations where we will accept a Deed Poll application from a mother in such circumstances are:
The mother has fled the family home to escape violence or abuse from the father and is at risk or fearful of being located.
The mother is fearful of contacting the father because of past abuse (physical or mental) towards her or her children.
The father is in prison for a serious offence such as murder, rape or other sexual offence and the mother and children do not wish to be associated by name to the father.
Where a court has issued a No Contact order or a Non-molestation order.

[leclerc]

Re: Childs last name change without fathers consent

Clearly from the above, yes it is legal.

Nothing changes the fact that YOU are the father regardless of anything.

[Amethyst]

Re: Childs last name change without fathers consent

I'm not so sure it's as easy as that - it was less than a year after you'd seen your child, your whereabouts was known, you have PR and are on the birth certificate. She would have had to sign a declaration that your whereabouts was unknown etc. so you could probably argue the case ... BUT you've just got back contact with your child, hopefully that will continue, and that's far more important than what name they are using.

[AR1]

Re: Childs last name change without fathers consent

[QUOTE=

Can anyone help or shed any light on this please?[/QUOTE]

Here is an article that talks about the "How people can change their name using dead poll and what are the restrictions, Hope it helps.
http://www.netlawman.co.uk/ia/change-child-name