Change of Name

We have considerable experience in the complete range of orders which can be made under the Children Act 1989. Among these are applications to change the name by which a child is known.

Where a child arrangements order is in force there is a statutory restriction in section 13(1)(a) of the Children Act 1989 in relation to a change of name without the written consent of the other parent or permission of the Court. In these circumstances a change of name will only be possible if the court gives permission for making the proposed name change. If there is not already a child arrangements order in place and the parties do not agree to the proposed change, there will need to be an application for a specific issue order. The leading case of Dawson v Wearmouth [1999] 2 AC 308 and subsequent authorities provide the guidance to be applied to such applications.

The private law children team are available to give expert advice on the prospects of success of a name change application, guide you through the process, assist in drafting applications and skeleton arguments, and to provide robust advocacy at court.

Featured cases:

• Re B & C (Change of Name; Parental Responsibility; Evidence) [2017] EWHC 3250 (Rob George)