Can I get legal aid for a family law case?
- 02.07.2026
After my divorce I have reverted to my maiden name, and I would like my child to have my surname as well, as they live with me full time. The father objects. Can I change it without his agreement? I have tried asking around but nobody seems to give me a clear answer.
Changing a child's name is a major decision that generally requires consent from all guardians. Under the Births, Deaths, Marriages, and Relationships Registration Act 1995, a child's name can be changed by all guardians agreeing, or if there is a dispute, by a court order. If the father is a guardian and refuses consent, you can apply to the Family Court under the Care of Children Act 2004, which will decide based on the welfare and best interests of the child, considering factors such as the child's identity, links with each parent, their wishes and the reasons for the change. Changing the name without the father's agreement or an order can cause problems, for example with passports. Consider negotiating a compromise, such as a double-barrelled surname.
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