LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Get Court Order to Change Surname of Minor?

Discussion in 'Family Law Forum' started by Connorballs, 30 November 2014.

  1. Connorballs

    Connorballs Member

    Joined:
    30 November 2014
    Messages:
    2
    Likes Received:
    0
    I have a 15 year old old who would like to legally change his surname to that of his step dad's. His biological father refuses approval, despite last seeing this child in 2004 and having never had regular contact. How do we go about getting a court order to change his surname? Do I as mum need to apply for the name change on my child's behalf?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Connorballs,

    Name changes are made at the Births Deaths and Marriages Office in NSW. For minors, the application must be made by both parents if both parents are listed on the birth certificate. Given that the biological father does not consent to the name change, I suggest calling up BDM on 13 77 88 and talking with them about your situation.

    If your son really wishes to change his name and he makes this decision voluntarily without your influence, you may need to obtain court consent on your son's behalf in order to make the change. But see what BDM says first.

    The court order you need to obtain is "an order for sole parental responsibility". Doing this will give you sole parent rights over your son. Right now, the law presumes that you and his biological father share parental responsibility.
     
  3. Connorballs

    Connorballs Member

    Joined:
    30 November 2014
    Messages:
    2
    Likes Received:
    0
    Thank you for your help. Will contact BDM & take it from there.
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi Connorballs,

    Yes that is correct, you as parent will have to apply for a name change on your son's behalf. This is the link to the application you have to fill out to register a name change for a minor in NSW. It is for children born in NSW or born overseas and having lived in NSW for 3 years.
    http://www.bdm.nsw.gov.au/Forms/74-CON-Child-NSW-30May2014.pdf

    This application is to be signed and consented to by both parents. However if you are unable to obtain the consent of your ex, you may need to take other steps. You might need to undertake mediation with the ex, and if that fails obtain a court order. Courts always place interests of the child as paramount in determining any issue. It will consider all short and long term effects of changing the child’s surname, embarrassment likely to be experienced by the child if its name is different from that of the parent with residence or day to day care of the child; confusion of identity, effect on relationship with a parent, contact that the other parent has had and is likely to have in the future with child, degree of identification that the child now has with the other parent and any step parent and the desire of the other parent that the original name be retained.

    I suggest contacting the registry of births deaths and marriages to discuss your options.
     

Share This Page

Loading...