QLD Applying for Name Change with Sole Parental Responsibility?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Nonfiction

Well-Known Member
17 May 2018
111
12
414
Victoria
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.

I’m not in QLD and not very familiar with the Queensland Magistrates Court forms, sorry...all I know is that Magistrates Courts have powers under the Family Law Act 1975 to determine certain matters, both by consent and also some other matters where there are no substantive issues. You already have Final Orders allocating Sole Parental Responsibility to you...you would have been allocated this for a reason...in my experience often when matters return to any of the Family Courts issues are not always confined to a single issue e.g. Applicant files initiating application re: schooling only...Respondent files response re: schooling and XXX...depending on information before the Court the matter possibly turns into more than a simple schooling issue. Here we go again!

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

Yes it does...however, we do not know all of the facts...
 
  • Like
Reactions: MartyK

Andylee

Member
5 June 2018
3
1
4
A ROSE BY ANY OTHER NAME STILL SMELLS AS SWEET...
Usually I'd agree but this is their own request to have the same last name as their 3 siblings, myself and their step dad (who has raised them for nearly all of their life)

I’m not in QLD and not very familiar with the Queensland Magistrates Court forms, sorry...all I know is that Magistrates Courts have powers under the Family Law Act 1975 to determine certain matters, both by consent and also some other matters where there are no substantive issues. You already have Final Orders allocating Sole Parental Responsibility to you...you would have been allocated this for a reason...in my experience often when matters return to any of the Family Courts issues are not always confined to a single issue e.g. Applicant files initiating application re: schooling only...Respondent files response re: schooling and XXX...depending on information before the Court the matter possibly turns into more than a simple schooling issue. Here we go again!



Yes it does...however, we do not know all of the facts...

Exactly my reason for staying out of family court. Thank you for all your advice. You've been extremely helpful. I'm sure the court clerks can point me in the direction of what forms I need and what the process is.
 
  • Like
Reactions: Nonfiction

Alert

Well-Known Member
7 June 2019
243
18
654
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
100% agree with Shanahan Law. I was granted the sole parent. I never went to court to have the surname changed though because you will need a strong reason for this. In my case, I wanted the change because of deep, deep criminal issues known not only locally and did not want this causing any dramas for my children. That could have been enough of a reason, I didn’t bother though. When my children were no longer children, old enough to decide for themselves I let them make the decision and whatever they chose, I was good with this. Make sure your children are old enough if choose the path I went, before you discuss anything such as my issue your children will ask questions and this is definitely not appropriate for them.