Can I change my child’s name?

I am often asked following the breakdown of a relationship whether it is possible to change a child’s name; perhaps the father has been absent for a long period of time or does not pay any maintenance or the mother remarries.

The consent of each person with Parental Responsibility is required in order to change a child’s name. In the event that each person consents, the process is relatively straight forward.

In the event that one person does not consent, the only other way to change a child’s name is to obtain an Order from the Court. However, it is only in very rare circumstances that a Court will order a change of name and the examples set out above are highly unlikely to be reasons to satisfy the Court that there should be a change.

There has been an example of such a very rare case in the news recently. The mother made an application to the Court for removal of her daughter’s middle name because of “its association with a notorious public figure.” The father argued against this on the basis that the name was not “offensive” and that he used both the child’s first and middle names. However, the Judge ruled that the association for the child was enough that the continued use of the name would “damage the child’s emotional welfare” and it was ordered that the middle name should be removed.

Please do not hesitate to contact our Kim Busby if you wish to discuss any of the above further. McCarthy Bennett Holland are able to offer a free 30 minute initial consultation and are more than happy to assist.