Changing Your Child’s Name - Considerations in Family Law
When parents separate or divorce, the child’s surname often becomes a topic for discussion and the Courts must have complete regard for the impact that this may have to the child’s overall well-being and development.
It is argued a child’s surname forms part of their overall identity and bears significant links to their cultural heritage.
Before a child’s name can be changed, it is important to know that both of the parents listed on the child’s birth certificate must agree on the name change. If both parents provide their consent, an Application form can be completed and lodged with the Department of NSW Justice (Registry of Births, Deaths and Marriages).
But what options are available when the other parent will not provide their consent to the child’s name being legally changed?
In circumstances where both parents are unable to agree, one parent can file an Application in Court to have the matter determined. The Court will need to consider a range of factors, including:
What is in the child’s best interests
Whether there are any effects on the child by either changing or not changing the child’s name
Whether the child will likely experience any kind of embarrassment if the surname is different to the surname of the parent with primary care
Whether the child will experience any confusion of identity as a result of changing or not changing the child’s surname
The effect that a change in surname may have on the relationship between the child and the parent whose surname the child shares
It was decided in the case Porritt & Dunford [2019] FCCA 1146, that it was for the child’s best interests for the child’s surname to be hyphenated and changed to share both the parents’ surname.
Judge Turner found that it was important for the child to be connected to both parents and for them to identify themselves as belonging to the extensive cultural heritage of their parents that is reflected in a surname.
The Court considered the factors listed above and found that the child’s young age was also grounds for allowing the change in surname given that the present surname was unlikely to hold any meaningful significance to the child.
If you have any questions about the changing of your child’s surname or would like to discuss how this is done or protected, Lagom Family Law will be happy to assist. Just contact us below to arrange a consultation.
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