Can I change my child’s name after separation?
After separation, one party may want to change a child’s family name for various reasons; how can it be done and what happens if both parents cannot agree? Our Brisbane family lawyer explains the process in both scenarios.
There is an assumption that each parent has shared parental responsibility in relation to children unless there are orders from the Federal Circuit and Family Court of Australia (“the Court”) giving parental responsibility to only one parent. Shared parental responsibility, whether by assumption or Orders, means that neither parent can make a decision in relation to long-term issues without agreement from the other parent. A child’s name is a long-term issue under the Family Law Act 1975 (Cth).
If both parents agree to the change of name, the change is a relatively straightforward process and can be registered with the Registry of Births, Deaths and Marriages.
If one parent disagrees and there are no Orders giving sole parental responsibility to the parent wanting to change the name, the parent wishing to change the child’s name will need to apply to the Court for an order allowing the change of name. If no other parenting issues need to be decided, the parent wishing to change the child’s name may also apply to the Magistrates Court for an Order permitting the name change. At Franklin Family Law, Our Family Law Solicitors can help you filling the application and obtaining order to change your child’s name.
Before filing the documents, mediation may be required to resolve the issue, unless there are reasons why this would not be appropriate, for example family violence.
At all times the Court’s priority, whether in the Federal Circuit and Family Court of Australia or the Magistrates Court, will be the child's best interests, and the Registrar, Magistrate or Judge will consider this above all else.
When attempting to determine the best interests of the child in relation to the proposed name change, the Court will consider, among other things, the following:
1. The child’s wishes if they are over 12 years of age;
2. The current relationship with, and any impact on the relationship the change of name may have with, the parent who shares the child’s name from birth;
3. The time the child spends with each parent; and
4. The short and long-term impact of the change of name on the child.
If one parent uses a new name without the other parent's permission, an application may be filed for an order that stops the use of another name for the child.
Like everything in family law, the outcome depends on the family's unique circumstances. While previous cases can offer guidance, the Court will assess many factors before determining whether a child’s name may be changed.
If you would like advice in relation to your circumstances, please contact Franklin Family Law to speak to one of our experienced family law solicitors.