WA Name change obligations

Discussion in 'Family Law Forum' started by Coco333, 30 May 2019.

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  1. Coco333

    Coco333 Member

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    Following harrasing emails, birth mother changed son's name when he was 4 years old, 2 years after separation. Original surname was fathers surname only. Name is now hyphenated "mother's surname-fathers surname)
    Child has always been aware of his original name.
    Is father now legally obliged to use changed name? For example, when addressing the child, sending mail, labelling clothing etc.
    In what situations is it legally required to use his double-barrelled surname? I assume for travel documents, health records etc...
     
  2. sammy01

    sammy01 Well-Known Member

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    Did you agree to the change? What is on the kid's birth certificate? Has the kid expressed an opinion?

    So legally, look, it really only matters on legal documents, school enrolment, passports.
    What you choose to do as far as email. Well mate my advice is move on. Stress less and live longer.... Mate I get it. I really do. My ex wanted to change the kids to her last name, WHY? to upset me. Her argument was SHE was the primary carer. It was all dumb... The kinds now live with me and she insists on going by MY last name. Not her maiden name. FFS....

    Legally, common sense. What is on the birth certificate is the child's legal name....

    Practically, look do what ever suits you. But in my experience letting the cool waters of tranquillity is a better solution than fighting every battle.
     
  3. Coco333

    Coco333 Member

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    I gave in to bullying tactics and signed the forms. So l, unfortunately, it has all been changed on the birth certificate. The whole time though I expressed that it was.not in the child's best interest and I wasn't happy with the change. Child has never referred to themselves with the new name. Mother is withholding gifts unless they have hyphenated name.
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok, so firstly, and very respectfully.... Let me quote Ronald Reagan.... 'just say no'. But that horse has bolted. If you didn't want the name changed you should have just said NO.... But I also understand why you may have succumbed to the bullying....

    What to do with gifts? put the first name. Nothing else. No last name...
    OR
    Suck it up (again, sorry and very respectfully) Trust me I get it... But you signed the form. And put the kid's hypenated name on the present. What matters more, Oooh. I get to quote shakespeare... "A rose by any other name smells as sweet". U'm it come from Romeo and Juliet, both of whom wind up dead at the end.... Make of that what you will.... I reckon this is your best option.... for two reason. 1- the kid will get the present. 2- You're arguing with a fool, you know your ex is a fool right? Anyone who would deprive their kid of a present from their dad for this reason is a fool.... BUT when you argue with a fool.... Well, it is a foolish thing to do and that makes you a fool.... Again, respectfully....
    OR
    Apply to court to have the hyphenated name changed back. But, you wont win and you will spend a small fortune trying.

    Final thought - mate - this is a law forum. So you have nothing as far as the law goes.... But some friendly advice, not legal, just life experience..... Learn to make sure this stuff doesn't get to you... So from my experience with a nasty vindictive ex I am learning (and it is bloody hard work) but I am trying to not let this sort of crazy stuff get to me. I'm learning slowly and I'm far from zen budda perfect, but the stress is bad news. It will cause you to die younger than you should.... My mission is to be around long enough to be a grand parent, do the best for my kids and dance on the ex's grave with my walking stick.
     
    SamanthaJay likes this.
  5. Alert

    Alert Well-Known Member

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    The child’s name should not, and I know legally not have been changed without the fathers consent. The child’s mother will more than likely need to change this to what was on the original birth certificate
     
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