Both legal parents have the right to name a child or to request a name change. However, one parent cant change a childs name without the approval of the other parent. Thus, if the mother doesnt approve, then the father requesting the name change must file a petition with the court for a decision.
Can my ex change my childs name without my consent?
A divorce doesnt remove parental responsibility. However, if the other parent does not consent to the name change, you would need to apply to the Court for permission to change your childs name. The Court would then decide whether it was in your childs best interests for the name change to take place.
Can I change my childs first name without the fathers consent?
If one parent will not agree to have a childs name changed, the other parent can file papers to request the change. The non-consenting parent must be served with copies of the name change papers and given a chance to object. A judge may or may not grant a childs name change without the other parents consent.
What age can I change my childs surname?
18 You can apply to change your name if you are over the age of 18 and: your birth is registered in NSW, or. you were born overseas and have been a resident in NSW for 3 consecutive years when you apply, or.
Can I force my ex to change her last name?
Remember, you cant force your ex-wife to change her name. If negotiation during the divorce doesnt work, then youll need to accept the fact that your ex will continue with your name. Depending on how contentious your divorce is, a name change might not be as critical as the division of property or child support.
How can I change my daughters last name?
In NSW, you can only change a childs name once in a 12 month period and 3 times in their lifetime. Whilst exceptions exist these are subject to the Registrars personal approval. Both parents named on the childs birth certificate must apply to change their childs name.
Can ex wife change childrens surname?
You cannot simply change a childs last name when you remarry or set up a new partnership. The Court has the duty to decide what is in the best interests of the child. A mother, or father, cannot change a childs surname by herself or himself unless she or he is the only person with parental responsibility.