QLD Applying for Name Change with Sole Parental Responsibility?

Discussion in 'Family Law Forum' started by Andylee, 5 June 2018.

  1. Andylee

    Andylee Member

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    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
     
  2. Shanahan Law

    Shanahan Law Well-Known Member
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    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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  3. MartyK

    MartyK Well-Known Member

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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.
     
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  4. Itsallaboutthegirls

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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.
     
  5. Itsallaboutthegirls

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    How do I apply for the court to change their names? What is the process? Costs?
     
  6. MartyK

    MartyK Well-Known Member

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    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.
     
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  7. Shanahan Law

    Shanahan Law Well-Known Member
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    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
     
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  8. Nonfiction

    Nonfiction Well-Known Member

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    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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  9. Andylee

    Andylee Member

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    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.
     
  10. sammy01

    sammy01 Well-Known Member

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    A ROSE BY ANY OTHER NAME STILL SMELLS AS SWEET...
     
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