In order to change a child’s name any party who has parental responsibility for the child must agree to the change of child’s name.
If all parties who have parental responsibility agree to the change of the child’s name then a Change of Name Deed can be prepared and signed by all parties evidencing that change of name.
In the event however, that one party with parental responsibility wishes to change a child’s name and the other party does not agree, then it may be necessary to make an application to Court for the Court to determine whether or not the child’s surname should be changed.
Before an application to Court is made, it is strongly advisable for the parties try to see if they can agree to resolve the issue at Mediation. If the parties cannot, then it may become necessary to make an application to the Court.
The Courts will look at a number of factors in determining whether or not the child’s name should be changed and will consider overall is it in the best interests of the child for his/her name to be changed. The Courts will also look at the importance of the link to the biological parent. The Court will then make a final Order to determine whether or not the child’s name should be changed. This is then legally binding.