QLD Applying for Name Change with Sole Parental Responsibility?

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Andylee

Member
5 June 2018
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1
4
I've been granted sole parental responsibility by the family court and am wanting to change 2 of my children's surname to match my own and their other siblings. Would the documents saying I have sole parental responsibility be enough to apply for a name change with births, deaths and marriages or would I have to apply to the court for it?

I have zero chance of the other parent agreeing to it.

Thank you kindly
 

Shanahan Law

Well-Known Member
LawTap Verified
30 April 2018
25
12
149
Sunshine Coast
www.shanahanlaw.com.au
Despite having sole parental responsibility, you will still have to apply to the Court for such an Order. The Registry of Births, Deaths and Marriages in most Australian states and territories are unlikely to approve your change of name application without a Court Order.
 
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MartyK

Well-Known Member
4 June 2016
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I believe the Magistrates Court may offer the quickest resolution, since you have finalised parenting matters, and this is a single issue.
 
6 June 2018
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0
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I have sole parental responsibility in qld, I went to change names as my solicitor who I paid $50k to get the orders told me I could.... Nope they screwed up and I can’t get my girls names changed and ex said no even though he hasn’t seen them for over 5 years.
 
6 June 2018
2
0
1
Despite having sole parental responsibility, you will still have to apply to the Court for such an Order. The Registry of Births, Deaths and Marriages in most Australian states and territories are unlikely to approve your change of name application without a Court Order.
How do I apply for the court to change their names? What is the process? Costs?
 

MartyK

Well-Known Member
4 June 2016
419
61
794
I have sole parental responsibility in qld, I went to change names as my solicitor who I paid $50k to get the orders told me I could.... Nope they screwed up and I can’t get my girls names changed and ex said no even though he hasn’t seen them for over 5 years.

Your solicitor should have explained that while sole parental responsibility invests all major long term decision making to a parent, including name changes, that BDM will not accept it as being enough to change a child’s name. Another contradiction of State v Federal law.
 

Shanahan Law

Well-Known Member
LawTap Verified
30 April 2018
25
12
149
Sunshine Coast
www.shanahanlaw.com.au
How do I apply for the court to change their names? What is the process? Costs?

You can make an application in a case which bears the same court file number as the earlier court proceeding. The form can be downloaded here: Application in a Case - Federal Circuit Court of Australia

You might seek in your application the following orders:

That the husband and wife:
(i) henceforth exclusively use the name “(new surname)” as the surname of the child of the marriage (child's name);
(ii) forthwith do all things necessary, individually and jointly including making application and executing documents, to seek the alteration of the registration of the name of the said child in the register of births in the State of Queensland from the surname “(present surname)” to the name “(new surname)”; and
(iii) pay in equal shares such fees, if any, as are applicable to an application for alteration of the register as aforesaid.

You should file an affidavit setting out:
• The short-term and long-term advantages to the child in having a change of name
• The amount of time the father has contact with the child (if he has a reasonable amount of ongoing contact it might be difficult to succeed on your application. In that case a hyphenated surname might be best sought)
• The extent to which the child identifies with father
• The extent to which the child identifies with you and any new partner you have
• The degree of identification with a child to be born of any new relationship you have

The court will ultimately be concerned with the following factors:
• The welfare/best interests) of the child
• Any confusion of identity that might be caused in the child
• The short-term and long-term effects of the name change
• The effect on the child’s relationship with their father
• Any embarrassment caused to the child by a change of surname
• The effect of frequent or random changes of name
 

Nonfiction

Well-Known Member
17 May 2018
111
12
414
Victoria
Might also be useful information to you...

* General Application process to change a persons name
* Change of Name - children

btw by no means have I added the 2nd link to endorse any lawyers over another...I just thought it had some good info particularly about ‘which Court’ would be most appropriate.

@Shanahan Law (above) has kindly responded in depth about the “process” if going through the Family Courts... and I am sure could assist you further, with any of your court options, if you required it

My personal view is that the the Magistrates Court would be quicker and cheaper...but as with all things ‘law’ it depends on the circumstance.
 
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Andylee

Member
5 June 2018
3
1
4
Magistrates court does seem like the way to go from what I've read. After an almost 3yr family court battle I'm well and truly worn out so I'm hoping for a cheaper, quicker process. The paperwork side of things is a tad confusing though.