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WA Do I Need Ex's Consent for Daughter's Name Change?

Discussion in 'Family Law Forum' started by SarahLee, 22 July 2016.

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  1. SarahLee

    SarahLee Member

    22 July 2016
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    I am looking to change my daughter's surname to my now married surname. My daughter has had no kind of relationship with her biological father since she was 1-year-old and she is now 10. He does pay child support but that's only because he is forced to by Child Support Agency, even though I have asked they cancel it. I think we receive about $15 a fortnight. She does know she has a different birth father but it's never an issue, except when her friends at school ask why her name is different from ours.

    Along with my husband, we have been living as a family unit since before my daughter was 2, and she has called him her dad her whole life.

    I had another child with my husband in 2012, and we have been married since 2014. We just want to all have the same surname and be the family that we know we are in our hearts, on paper and legally as well.

    I suppose my questions are: Do I need to go though the family court to get my ex to 'ok' the name change. As I don't know where he is, or even where to start looking.

    Also, I have an 'application to register a change of name'- can my current husband be the Second Applicant?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Yes, you do need the father's consent or you need a court order.

    I believe your husband can be the second applicant, but you will still either need the father's consent or a court order.

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