{"id":191912,"date":"2022-10-27T17:03:24","date_gmt":"2022-10-27T17:03:24","guid":{"rendered":"https:\/\/dominiclevent.com\/blog\/?p=191912"},"modified":"2022-10-27T17:03:24","modified_gmt":"2022-10-27T17:03:24","slug":"how-do-you-change-a-childs-name-divorce","status":"publish","type":"post","link":"https:\/\/dominiclevent.com\/blog\/how-do-you-change-a-childs-name-divorce\/","title":{"rendered":"How Do You Change A Child’s Name? – Divorce"},"content":{"rendered":"


\n<\/p>\n

\n

A change of name can be a change of forename, surname, adding or
\nremoving parts of the name, adding hyphens, or even changing the
\nspelling. A deed poll is a legal document that is witnessed that
\nproves a change of name.<\/p>\n

There are two ways to change the name of a child under the age
\nof 16. You can either:<\/p>\n

    \n
  1. Make an ‘unenrolled’ deed poll; or<\/li>\n


    \n <\/p>\n

  2. Apply for an ‘enrolled’ deed poll.<\/li>\n

    \n<\/ol>\n

    An ‘unenrolled’ deed poll for a child must be drafted by
    \neither a solicitor or a specialist deed poll agency. An
    \n‘unenrolled’ deed poll is a legal document confirming the
    \nchange of name that is not then registered at the Royal Courts of
    \nJustice.<\/p>\n

    An ‘enrolled’ deed poll will provide a public record of
    \nthe name change, as details of the name change are published in the
    \nLondon Gazette online. To complete an ‘enrolled’ deed poll,
    \nthere is a specific application form which needs to be completed,
    \nand there is a cost to submit the form to the Royal Courts of
    \nJustice.<\/p>\n

    Who can change a child’s name?<\/h3>\n

    All people with parental responsibility for the child must agree
    \nto the change of name. It is recommended that you obtain the
    \nwritten consent of all those with parental responsibility so that
    \nthis can be used as evidence, should there be a dispute in future.
    \nIn addition, certain organisations may request this confirmation
    \nwhen changing the child’s name on certain documentation.<\/p>\n

    What if we cannot agree on the change of name?<\/h3>\n

    If you and the other person or people with parental
    \nresponsibility cannot agree on the change of name and you still
    \nwish to pursue the change of name, an application to the court for
    \na Specific Issue Order would be necessary.<\/p>\n

    What will the court consider if I do need to apply for a
    \nSpecific Issue Order?<\/h3>\n

    The court’s primary consideration with such an application
    \nand whether or not to allow the change of name is whether doing so
    \nis in the child’s best interests.<\/p>\n

    Each case is fact-dependent and the court will consider all
    \ncircumstances in the case. Some considerations of the court will
    \nbe:<\/p>\n

      \n
    • When the issue of a change of name was first raised and the
      \ncircumstances;<\/li>\n


      \n <\/p>\n

    • The reasons for the proposed change of name;<\/li>\n


      \n <\/p>\n

    • The length of time the child has been known by their existing
      \nname;<\/li>\n


      \n <\/p>\n

    • The effect on the child should the change of name be permitted
      \nand if it is not;<\/li>\n


      \n <\/p>\n

    • Depending on the child’s age, their wishes, and feelings on
      \nthe proposed change.<\/li>\n

      \n<\/ul>\n

      The court will also look for reassurance that the motivation
      \nbehind the change of name is not to reduce the role or significance
      \nof the other parent in the child’s life.<\/p>\n

      Case law on the issue highlights that an application made for
      \nconvenience sake is unlikely to succeed and therefore if you are
      \nconsidering making an application for a Specific Issue Order, we
      \nrecommend that you should seek early legal advice.<\/p>\n

      How does this differ to changing your name as an adult?<\/h3>\n

      As an adult you do not need follow a process to start using a
      \nnew name. However, certain organisations may insist upon a deed
      \npoll. Adults can make an ‘unenrolled’ deed poll, which can
      \nbe drafted by a solicitor, a specialist deed poll agency or, as an
      \nadult, you are able to draft it yourself. You also have the option
      \nof applying for an ‘enrolled’ deed poll.<\/p>\n

      You do not need a deed poll to take your spouse’s or civil
      \npartner’s surname following marriage or civil partnership.<\/p>\n

      If you divorce or end your civil partnership, it is possible to
      \nrevert to your original name by showing your marriage certificate
      \nand decree absolute\/final order or civil partnership certificate
      \nand final order. It is recommended that you check with each
      \norganisation as some may insist upon a deed poll to make the name
      \nchange.<\/p>\n

      It is neither a legal nor a practical requirement to enrol a
      \ndeed poll, but you must ensure it meets the correct formalities. If
      \nunsure, you should seek legal advice.<\/p>\n<\/div>\n

      The content of this article is intended to provide a general
      \nguide to the subject matter. Specialist advice should be sought
      \nabout your specific circumstances.<\/em><\/p>\n


      \n
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