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VIC Name Change for Child Without Father's Consent?

Discussion in 'Family Law Forum' started by NeetJG, 28 January 2015.

  1. NeetJG

    NeetJG Member

    28 January 2015
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    Hello, just a quick question regarding changing surname.

    12 year old children want to change their name. We have no contact with their father (last contact was email from him in April 2014 threatening us if we contacted him). Legally changing name is proving too much of an ordeal for both children. Are they able to use an alias (i.e. my surname) until they can legally change their surname without needing to contact their father?

    If so, what are the ramifications in family law and how do we/I go about the name change?

    Thanks in advance.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    A lot of families with an absent parent use an alias for their children and it is not illegal to do so, but of course, there can be complications when it comes to passports, bank accounts and other things that require proof of identification. I believe you can request from the child's school that he be called by an alias, but for the more 'official' things, it can be difficult to wrangle.

    You can apply to the court to have the child's name changed as part of a parenting order, but you will need to make efforts to negotiate an outcome with the father first. The best way to do this with a hostile parent is to apply to Legal Aid, which will organise a family dispute resolution conference and contact your ex on your behalf. If the father doesn't respond and doesn't show up, then you will be issued a certificate that enables you to commence proceedings in court. Legal Aid may represent you for this, as well.

    Seek legal advice when you speak to Legal Aid for this matter.
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  3. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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