Can my child change their surname following a divorce?

If my child chooses to change their surname

Following divorce, the changing of a child's surname can be considered in instances such as removing a child’s connection to a parent who is not involved or if they want to feel included in a new family unit that has a different surname to their own.

If a child decides to change their name, there is a legal process to follow.

If the child is under the age of 16, the name change is successful only if both parents, or everyone with parental responsibility, gives consent.

If consent is not obtained due to one person with parental responsibility in disagreement, an application can be made to the court to request a Specific Issue Order. Within this, the court must decide what are the best interests of the child and that the changing of the name meets the ‘welfare criteria’.

As Jenniffer Brunt adds, “The changing of a child's surname is a huge decision to make and an important process to go through. Especially in the event of a divorce, it can come with some sensitivity.

“However, the main priority for any parent is to understand what the impact of the name changes have for your child and if it will remain a positive one. By working with a family law solicitor, can you seek proper guidance to make the best decision for you and your family.”

Can I stop my child from changing their name?

It is possible to do so, but it is recommended to go through mediation as a first resort.

As Jenniffer adds, “If a person with parental responsibility does not wish their child to change their name, it can be resolved with mediation. In this instance, a third party will be facilitating a conversation between yourself and your child's other parent to come to a resolution.

“However, without resolution this will likely escalate to court proceedings. From here, you can apply for a Specific Issue Order, or alternatively, a Prohibited Steps Order that states that your child’s name cannot be changed.”

“For an amicable solution, it may be that the child will have a double-barrelled surname to ensure a fair solution is met for all parties involved.”

Name change guidance

If you or your child is seeking guidance in name changing, speak with one of our team today for a confidential consultation. Our family law solicitors are here to help you navigate these challenges and find a solution, without feelings of uncertainty or stress.

Email jenniffer.brunt@slatergordon.uk or contact us online today.