Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Name Change - Changing a Child's Surname?

Discussion in 'Family Law Forum' started by concerned parent, 28 May 2015.

Tags:
  1. concerned parent

    Joined:
    28 May 2015
    Messages:
    1
    Likes Received:
    0
    Hi all, just after some help for a mate of mine. He has full custody of his daughter and has had since she was approx 8 months old. The daughter will be turning 7 in a few months and hasn't seen her mother in the last 5 and a half years. The father wants to change the child's last name as it is hyphonated with both parents last name to only his last name.

    He has tried contacting the child's mother but she refuses to allow the name change to happen.

    What's the next step he should take?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    373
    Change of name applications for a person under 18 years of age must be filled out and signed by both parents. Therefore in order to change your child's name you will need your wife's consent and co-operation. The only other way is to get a court order enabling the name change without the consent of the other parent.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,801
    Likes Received:
    526
    Invite the mother to mediation and if she refuses to attend or agreement cannot be reached about the child's name, then the mediator will administer a s60i certificate, enabling the father to file an initiating application with the court for a change of name.

    Of course, if proceedings commence, it may be a very quick process if the mother is disinterested in the child's upbringing, or it may be a very long one if the mother pursues other orders, like time spent with the child.

    Take it as it comes, though. Mediation first.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sophea likes this.
Loading...

Share This Page

Loading...
gt;