Change of child's name without fathers consent

**Conniebygaslight** · 21-06-2012, 11:19 AM

We have just found out that My Husband's ex wife has changed the surname of his son without his consent. He has parental responsibility and regular contact with his son and has paid money every month for years. She has always been controlling and has moved house and even countries without letting my husband know, we have spent thousands on court costs when she suddenlystops access.

This name change has come to light when she has finally agreed to 'allow' us to take him on a family holiday (only because he is now 13 and he has nagged her to let him come). She was doing all she could to avoid us taking him and it seems she changed his name 5 years ago and the passport was issued in his new name!!!

My husband agreed that when she remarried and had further children she could call their son by the same family name but not do it officially, she took him to court 5 years ago to ask for an order and the judge said no....but she has done it anyway.

My husband is devastated, he has contacted the deed poll people and the pasport office and nobody seems to give a hoot. A solicitor says it will cost a fortune to fight. Now when we take him on holiday we have no evidence that he is my husband's son (other than the birth cert that is obviously in his old name).

Any advice....it is incredible that this can happen!

***The Pom Queen*** · 21-06-2012, 11:24 AM

It is illegal for her to get a passport for his child in a different surname without either his written permission or a court order, my first stop would be a call to the passport office asking why they have allowed this to happen.
Taking him on holiday will be fine, children often travel with parents who have split and have different surnames so please don't worry about this.

**Que Sera, Sera** · 21-06-2012, 12:52 PM

No it cannot be done without the Fathers consent, now it used to always be the case unless the parents werent married, not sure if that is still the case. My daughter at one point wanted to change her name, as she was the only one in our family home with a different name. I actually tried to persuade her against it but she was adamant. I had to write to my ex who had to fill out a letter of consent. In the end my daughter changed her mind again ( teenagers eh!)

**smithinoz** · 21-06-2012, 02:28 PM

I also thought you had to get the other parents consent. Would be interesting to see if your signature had be forged - won't be the first time I have heard of this happening. I'm surprised your son hadn't told you though (especially as he is now older)?

**Conniebygaslight** · 21-06-2012, 06:16 PM

It can be done as it has been done and it was my stepson that told us...(she got him to) it was done 5 years ago when he was 8, he wouldn't have had any idea...quite frankly it could say the prime minister on our children's passports and they wouldn't know.

We have contacted the Deedpoll people and there is no central register anywhere, the police couldn't care less and the PP office have said put a complaint to customer services. She can effectively take him anywhere and we wouldn't even know, which she hasdone several times...now we know how.

Everywhere I look its says both parents with PR need to sign (he has PR as they were married) and that it cannot happen withou a fathers consent...it evidently can and nobody seems that bothered. Quite frankly we are staggered that a child's name can be changed and a passport obtained so easily..

My usband rang his son's new school (first time he has gone state school as always been private so husband had no joy with private as they are only obligated to whoever pays the bill) and the state school had absolutely no idea that my husband even existed...it's a joke. We pay £100's every month and always have done but it's almost like he has been adopted.

**ozindublin** · 21-06-2012, 06:34 PM

Holy Sh*te, I read your post and now I'm really quite cross on your behalf! I just can't believe some people, the ex has obvioulsy been quite decietful to obtain the name change and I would chase a copy of all the forms she has lodged to get the (false) new name. I'd definitely chase this one!

**Conniebygaslight** · 21-06-2012, 06:42 PM

Originally Posted by ozindublin

Holy Sh*te, I read your post and now I'm really quite cross on your behalf! I just can't believe some people, the ex has obvioulsy been quite decietful to obtain the name change and I would chase a copy of all the forms she has lodged to get the (false) new name. I'd definitely chase this one!

My husband is trying to get the documentation, but short of her giving it (she wont) he cannot. The change could have been done through any number of deed poll agencies. She has move house 5 times and counrties twice without my husband's knowledge, she also had him Christened age 5 as a catholic..we found this out some years after.

My husband has nothing to prove he is his father accept a birth cert....but that is obviously now in a different name.

Thanks for understanding our outrage.....my husband loves his son very much it is dreadful.

**snifter** · 21-06-2012, 06:53 PM

Originally Posted by Conniebygaslight

My husband is trying to get the documentation, but short of her giving it (she wont) he cannot. The change could have been done through any number of deed poll agencies. She has move house 5 times and counrties twice without my husband's knowledge, she also had him Christened age 5 as a catholic..we found this out some years after.

My husband has nothing to prove he is his father accept a birth cert....but that is obviously now in a different name.

Thanks for understanding our outrage.....my husband loves his son very much it is dreadful.

Has she changed his birth certificate or just done the name change by deed poll and then applied for a new passport in the new deed poll registered name? If it is the latter then it explains why the PP office are not too bothered. You only need to send in the deed poll showing new name and so on.

ETA - if the son wishes, once he is old enough he can change his name back via deed poll again.

Changing names via birth certificate is far more complicated and a legal process and would have had to have gone to both parents to agree to. It sounds to me like she has done this via deed poll only which means the birth certificate remains with his birth name on it. If she has not done it properly legally you can have grounds to challenge it I am sure. It will cost a bit but if its really something your OH wants to do then follow it up.

**snifter** · 21-06-2012, 06:59 PM

Well, it required both parents with PR. There are only a few deed poll companies out there, the main ones, I'd perhaps contact all of them and see if they can help.

http://www.ukdps.co.uk/CanIChangeMyChildsName.html

**snifter** · 21-06-2012, 07:01 PM

Basically, its not been done legally so it isn't legal surely. I'd think taking legal action could resolve it. As to how long it takes, it might take a while but cost wise I can't see it costing a fortune, sure a certain amount but if you believe its worth pursuing then do so.

Have you spoken to a legal bod who deals with this sort of thing on a regular basis. They may have more promising news on it all.

http://www.adviceguide.org.uk/englan...ge_of_name.htm