Major Tom Posted July 4, 2015 Share Posted July 4, 2015 Hi All, i have a problem, my stepson changed his name to mine last year by deed poll, we applied for Australian Citizenship in this new deed poll name, and it was granted. We then applied with all the other children for Australian passports, 3 were granted, but my stepson wasn't, due to need permission from father, for passport and name change. We were advised by the Passport Office that my stepson needs to enter into Australia on a Australian Passport now he is an Australian Citizen. We have asked father for permission the change his name and whether he could have a passport, answer was categorically 'No'! So, we are going to speak to Australia House and explain the situation, have the Citizenship changed to his birth name (if they can do this?), and then just apply to courts on C100 to remove child from UK custody, as. he has had no contact for 2yrs since my stepson advised he didn't want to see him anymore. thanks MT Quote Link to comment Share on other sites More sharing options...
silencio Posted July 5, 2015 Share Posted July 5, 2015 Your stepson changed his name without permission from his biological father so why on earth does he need permission for applying for a passport? Sounds contradictory for me. Or is it just your wording and you meant to say that the stepson is underage? You can't erase the biological father unless you adopt the stepson which makes it of course necessary to have the father's permission first. And there is still the Den Hague Convention to consider. 'The best interest' of the child has to be protected at all times. How old is your stepson? Children often say things influenced by the other parent so he may change his mind and one day he wants to see his father again, you never know. I haven't seen my father for 11 years and suddenly I had a need to reconnect and since then built a bond. Never underestimate blood-relationships. Quote Link to comment Share on other sites More sharing options...
Major Tom Posted July 5, 2015 Author Share Posted July 5, 2015 Your stepson changed his name without permission from his biological father so why on earth does he need permission for applying for a passport? Sounds contradictory for me.Or is it just your wording and you meant to say that the stepson is underage? You can't erase the biological father unless you adopt the stepson which makes it of course necessary to have the father's permission first. And there is still the Den Hague Convention to consider. 'The best interest' of the child has to be protected at all times. How old is your stepson? Children often say things influenced by the other parent so he may change his mind and one day he wants to see his father again, you never know. I haven't seen my father for 11 years and suddenly I had a need to reconnect and since then built a bond. Never underestimate blood-relationships. My Stepson is 14, hasn't seen his father for 2yrs, his choice. Cheers MT Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 5, 2015 Share Posted July 5, 2015 (edited) my stepson wasn't, due to need permission from father, for passport and name change. ... We have asked father for permission the change his name and whether he could have a passport, answer was categorically 'No'! Sounds to me like the legality of the name change is the big issue here. First, where did you do the name change In the UK, if the father didn't give permission for the change of name, then the deed poll wasn't legal, and therefore the Passport Office is right - they can't provide a passport in a false name. https://www.gov.uk/change-name-deed-poll/change-a-childs-name If you did it in Australia, I don't know what the rules for Deed Poll are in the various Australian states but I'd suggest double-checking. If it was legal without the father's consent, then get the relevant authority to provide a statement to prove it to the Passport Office. If you can prove the Deed Poll was legal and above board, then I don't think it matters what the Citizenship certificate says, provided you have documentation which shows both names are the same person. My Citizenship certificate isn't in my current name. Either way, sounds like you need a court order - the only question is whether you need to do it for both the Deed Poll and the passport or just the passport. Edited July 5, 2015 by Marisawright Quote Link to comment Share on other sites More sharing options...
Parley Posted July 5, 2015 Share Posted July 5, 2015 Have you actually adopted the child legally ? I'm surprised you would change his name without informing the father if you haven't adopted him. Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted July 5, 2015 Share Posted July 5, 2015 Unless things have changed you could change a child name without Fathers permission if the parents weren't married. If married then for official documents you need the Fathers permission. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.