Navigating legal matters related to family and children can be a complex and sensitive undertaking, especially when it comes to changing a child’s last name after separation. At Bennett Carroll Solicitors, we understand the intricacies involved in such matters and strive to provide clarity to those seeking answers. One common question that arises is whether it’s possible to change a child’s last name, particularly when both parents are named on the birth certificate. In this article, we will delve into the legal aspects surrounding this issue, exploring scenarios where consent is required, examining the implications of sole parental responsibility, and outlining the steps to take when faced with the absence of consent.
What if I have sole parental responsibility per Court Orders?
A person granted sole parental responsibility through a Family Court order is unable to seek a change in their child’s name unless the order explicitly specifies that the individual has the authority to change the child’s name to a particular new name.
What if I don’t have consent?
If the other parent is not deceased and you lack their consent to change your child’s last name, obtaining a court order is necessary to change your child’s last name.
Magistrates Court
In such cases, an application can be made to the Magistrates Court of Queensland for approval of the name change, commonly known as an “order 59.” The Registrar can approve if satisfied that the proposed name is not prohibited and the change is in the child’s best interests.
Federal Circuit and Family Court of Australia
Alternatively, one can apply to the Federal Circuit Court or Family Court of Australia under the Family Law Act 1975 for an order concerning the allocation of parental responsibility (if you do not hold current orders stipulating otherwise). Parental responsibility encompasses all duties, powers, and authority that parents legally have regarding their children, including decisions about a child’s name.
The court must be convinced that changing the child’s name is in their best interests, and proper records must be maintained according to the laws of each state. While the welfare of the child is paramount, considerations also include the short and long-term effects of the change, potential embarrassment or confusion for the child, impact on the parent whose name the child bore in the marriage or relationship, and the advantages of the change. The court will also assess the level of identification with the parents and any new child, as well as the other parent’s wishes.
If there is an existing court order stipulating shared parental responsibility, changing the child’s name without the other parent’s consent may violate that order. In such cases, obtaining a court order permitting the name change is necessary.
In conclusion, the process of changing a child’s last name post-separation involves careful consideration of legal parameters and the child’s best interests. If you find yourself in a situation where obtaining consent seems challenging or unattainable, remember that legal avenues exist to address this matter. At Bennett Carroll Solicitors, we are committed to assisting you through the complexities of family law. Whether you are seeking guidance on obtaining consent, navigating the Magistrates Court of Queensland, or pursuing an order through the Federal Circuit or Family Court of Australia, our experienced team is here to support you. Reach out to us today, and let us help you navigate this legal journey with expertise and compassion, ensuring the best possible outcome for you and your child. Contact our expert lawyers today for more legal advice.
Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.
