What’s in a name? Changing a child’s surname after separation

While it may sound unusual, situations can arise when parents may wish to change their child’s name. A child may have always informally been known by one name, but legally has a different name and now wants to make that change formal. A child may no longer have a relationship with the parent whose surname they bear and wish to have the surname of the parent who cares for them full time. Parents may have separated, and one parent may decide that they would like to add their own surname to the child’s surname, or substitute it for their existing surname. In very rare cases, a parent may need to change their child’s name as a safety measure to try to conceal them from the other parent who is a significant risk to that child.

If both parents agree, changing a child’s surname is a relatively straightforward process. But if there is no agreement, a parent seeking the change will need to apply to the Court for Orders which will permit them to change their child’s name without the consent of the other parent. That application can form part of a broader application for Orders about parenting arrangements, or can be a ‘single issue’ application brought by one parent without seeking any other Orders.

When considering an application to change a child’s name, the Court will treat the child’s best interests as the paramount consideration. To determine whether or not the particular change is actually in a child’s best interests, the Court will look at a number of factors including the long and short term effects of the change, any embarrassment to the child, whether the change will cause the child confusion in their identity, the contact each parent has with the child, and the degree to which the child identifies with each parent.

Ultimately whether or not it is appropriate to change a child’s name after they are born will turn on the particular facts of each case. If you are considering applying to change your child’s name, you should seek specialist family law advice.

If you would like to make an appointment to discuss your circumstances with a member of our team, please contact us on (02) 6225 7040, via email on info@rmfamilylaw.com.au or get started online here.