About Changing Surnames
Our team have successfully assisted clients changing surnames.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- CHANGING SURNAMES
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Good advice on changing surnames.
Understand your rights properly before you proceed to change surnames.
Lawyers with surname changing experience
Meet with lawyers who have successfully assisted in name changes for their clients.
- Past Cases
- Good Results
- Happy Clients
Best interests of the child
In making its decision about whether to order that a child's name be changed, the Family Court looks at what is in the Best interests of the child.
The Court may also look at a range of other things relevant to making a decision about changing the name of a child, including:
- the reasons why you want to change the name, for example, you have remarried and have other children in your family with different names
- the long and short term effects of the name change
- whether there are advantages to changing the child's name
- any embarrassment to the child in keeping their current name
- any confusion of identity for the child that may arise for the child if his/her name is or is not changed
- the effect a name change might have on the person whose name the child had originally
- the amount of time the other parent spends with the child
- the degree of identification the child has with each parent (or step parent)
Do i need consent to change children’s name?
Both parents need to agree to a name change unless you are the only parent on the birth certificate, the other parent has died or the Family Court makes an order for the child's name to be changed. If your child is over 12 years of age they will also have to agree to their name being changed.
If the other parent does not agree to change the surname of the child, you must attempt family dispute resolution (FDR) with a registered practitioner before you can go to the Family Court.
If after participating in FDR you are still unable to come to an agreement, you can ask the registered practitioner to issue you with a certificate that will enable you to file an application at the Family Court to change your child’s name.
Using a different name for the children
It is legal to use a different name for your child, as long as it is not for any fraudulent purpose. Children can usually be enrolled at day-care and primary school under a different name, but some things require the child’s name to be used as shown on their birth certificate i.e. for a passport or Medicare card.
Be aware that sometimes using a different name for a child can cause complications for the child later in life. For example, when they go to seek enrolment at university or try to find a job they may need to show copies of their school reports and certificates or awards which would be in a different name.
If the other parent finds out you are using a different name for your child, they may apply to the Family Court for an injunction to prevent you from using that name for your child.
How to stop the other parent from using a different name
If the other parent is using a different name for your child and you do not agree with the use of this name, you can apply to the Family Court for an injunction. If you are successful, an injunction will stop the other parent from using a particular name for the child and require them to use the child's registered name.
You will need to follow certain steps before going to Court, including attending family dispute resolution.
An injunction will not necessarily be granted automatically and you will need to show evidence that another name is being used. The other party will need to show that it is in the best interests of the child to change the name to the name being used. The Family Court might need to hear from all people involved to decide which name the child should be called.
Changing your surname (returning to maiden name)
There is no legal requirement for a formal change of name if you wish to keep your maiden name. However, to avoid difficulties with obtaining recognition of your maiden name, registration of the change is recommended.
Changes of name are registered under Part 5 of the Births, Deaths and Marriages Registration Act 1998.
Good advice on changing surnames.
Understand your rights properly before you proceed to change surnames.
Lawyers with surname changing experience
Meet with lawyers who have successfully assisted in name changes for their clients.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Good advice on changing surnames.
Understand your rights properly before you proceed to change surnames.
Lawyers with surname changing experience
Meet with lawyers who have successfully assisted in name changes for their clients.
- Past Cases
- Good Results
- Happy Clients
CHANGING SURNAMES
The law relating to common assault can be confusing, we have tried to simplify this here although nothing beats professional legal advice as the interpretation of the law may be misunderstood in the way it is applied to your case. Our Professional assault lawyers can provide detailed advice on the law and if the
Best interests of the child
In making its decision about whether to order that a child's name be changed, the Family Court looks at what is in the Best interests of the child.
The Court may also look at a range of other things relevant to making a decision about changing the name of a child, including:
- the reasons why you want to change the name, for example, you have remarried and have other children in your family with different names
- the long and short term effects of the name change
- whether there are advantages to changing the child's name
- any embarrassment to the child in keeping their current name
- any confusion of identity for the child that may arise for the child if his/her name is or is not changed
- the effect a name change might have on the person whose name the child had originally
- the amount of time the other parent spends with the child
- the degree of identification the child has with each parent (or step parent)
Do i need consent to change children’s name?
Both parents need to agree to a name change unless you are the only parent on the birth certificate, the other parent has died or the Family Court makes an order for the child's name to be changed. If your child is over 12 years of age they will also have to agree to their name being changed.
If the other parent does not agree to change the surname of the child, you must attempt family dispute resolution (FDR) with a registered practitioner before you can go to the Family Court.
If after participating in FDR you are still unable to come to an agreement, you can ask the registered practitioner to issue you with a certificate that will enable you to file an application at the Family Court to change your child’s name.
Using a different name for the children
It is legal to use a different name for your child, as long as it is not for any fraudulent purpose. Children can usually be enrolled at day-care and primary school under a different name, but some things require the child’s name to be used as shown on their birth certificate i.e. for a passport or Medicare card.
Be aware that sometimes using a different name for a child can cause complications for the child later in life. For example, when they go to seek enrolment at university or try to find a job they may need to show copies of their school reports and certificates or awards which would be in a different name.
If the other parent finds out you are using a different name for your child, they may apply to the Family Court for an injunction to prevent you from using that name for your child.
How to stop the other parent from using a different name
If the other parent is using a different name for your child and you do not agree with the use of this name, you can apply to the Family Court for an injunction. If you are successful, an injunction will stop the other parent from using a particular name for the child and require them to use the child's registered name.
You will need to follow certain steps before going to Court, including attending family dispute resolution.
An injunction will not necessarily be granted automatically and you will need to show evidence that another name is being used. The other party will need to show that it is in the best interests of the child to change the name to the name being used. The Family Court might need to hear from all people involved to decide which name the child should be called.
Changing your surname (returning to maiden name)
There is no legal requirement for a formal change of name if you wish to keep your maiden name. However, to avoid difficulties with obtaining recognition of your maiden name, registration of the change is recommended.
Changes of name are registered under Part 5 of the Births, Deaths and Marriages Registration Act 1998.
Good advice on changing surnames.
Understand your rights properly before you proceed to change surnames.
Lawyers with surname changing experience
Meet with lawyers who have successfully assisted in name changes for their clients.
- Past Cases
- Good Results
- Happy Clients
