Changing child's surname legally without other parent's signature?

[Cicho]

Hi All

Seeking advice from clever hubbers :yes:

My DS starts prep next year and I would like to change his surname legally, using a "Note change of name" form through the courts.

Has anybody ever done this successfully without the signature of the other parent, as stated on the birth certificate?

Bio dad has been non existent for the last 3.5 years, and our family name is the name DS is known as to everyone, but I want to change his name on the medicare card, school enrolment etc.

I do not want to change details on my DS's birth certificate, only lodge a legal note of name change...

Can anyone help? I'm getting myself in a bit of a state about this :yes:

Any help, advice or suggestions would be appreciated

Thank You :)

[lealea79]

i think you will need a stat dec or affa david signed by a jp and state that your ds will know be known as blah blah and then you should be able to.
i have a different to surname to what is my birth certificate.. the only thing with doing that is when he is older he wont id. as what is on his medicare card/ keycard any other id wont match his birth certificate iykwim... it happened to me know i have to pay about $130 to get a change of name certificate thanks to my mum for going by my step dads name and having all my id in the name not on my birth cert i cant get my drivers licence til i get the change of name certificate

[missie_mack]

Just start using the new name from today :)
You don't need paperwork to change his name with medicare or school. Just do it. After being known as a certain name for a period of time he becomes known as this name under common law....

Infact you don't need ID to change your name with the taxation office, centrelink, immunisation register etc etc and nor do you need anyones permission. I know quite a few people whose childrens birth certificates say one thing and have enrolled their children at school under another... and even not the mothers maiden name I have known kids to be enrolled under a stepfathers name just so 'all the children have the same surname'

Links for reference/ further research
ACT BDM (http://www.ors.act.gov.au/bdm/WebPages/bdm2.html)
BDM NSW (http://www.bdm.nsw.gov.au/changeName/changeName.htm)
Law of Names (http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R61CHP2)

[sandy cheeks]

I'm not to sure but the school will use ur surname if u ask a few friends have done this.
Ring a legal aid and ask if there is anyway to do it considering he has not seen his son for the last 3.5yrs u might have a good chance.
Ds and Dd have my surname on medicare and immunisation but have FOK last name on birth cert, bank accounts and school I did the medicare card 1st under my name then did the birth cert later I have lots of extended family with my last name FOK only has his brother to keep the line running iykwim.

[Boobycino]

Just start using the new name from today :)
You don't need paperwork to change his name with medicare or school. Just do it. After being known as a certain name for a period of time he becomes known as this name under common law....

Infact you don't need ID to change your name with the taxation office, centrelink, immunisation register etc etc and nor do you need anyones permission. I know quite a few people whose childrens birth certificates say one thing and have enrolled their children at school under another... and even not the mothers maiden name I have known kids to be enrolled under a stepfathers name just so 'all the children have the same surname'

Oh thats great.

DS has his fathers current surname, but DP had had his name legally changed. When I was pregnant I was a teenie bit under the thumb, so I agreed to give DS DPs surname, even though i didn't want to, because I feel he's not linked to a family, IYKWIM. I want DS to either have my surname, or DPs orginal surname (okay, thats an outright lie, I want DS to have MY surname and not his, unless he changes it and then we get married, then we can all match)

Am I able to change his name as it appears on medicare, through centrelink, at the doctors? Without DPs conscent? Without changing his birth certifcate? Can I enrol him in school with my surname when the time comes?

I'm more than happy to do that and DP can just cope. I'm actually going to start introducing bubba as having my surname, but I truely hate bubbas full name. My biggest regret is signing his birth certificate.

[missie_mack]

Medicare.. yes you just have to show he is known in the community under that name, Dr's- Yes (Ive never known a Dr to ask for a birth certificate ever), Centrelink- Yes (infact I would do this first as it gives documentation) School yes....

One of my school friends had a passport issued in a different name to what we had known her her whole life to be. She was born with her mothers surname and sent through school with what we all assumed was her fathers surname... but he wasn't her father at all. Then she got a passport issued straight out of school with a hyphenated version of the two. No dramas given at all ;)

[Mummy2R&K]

I rang Medicare a couple of months ago, and they don't do that anymore, only what's on the birth certificate. But for those who already did that, they can keep on doing it, but no newies.

[Cicho]

Thank you all for your replies....

MM, I have tried to change his name on our family medicare card and could not, they told me I needed to produce an official 'change of name'.

Anyhoo I just called the local magistrates court. Because I wish to change the name legally, I need to go in and fill in an "originating application for change of child's name" and lodge it with the magistrates court.

The magistrates court will do their thing, and write me a letter giving me a date to appear in front of the local magistrate and state my case.

Because I do not know where my X is or have any contact details for him, hopefully that should make my application run smoothly because it is not only me he is hiding from :yes:

Child support is also looking for him:yes:

Thanks again for your help girls... :hugs:

Will keep you all updated :yes:

[rockingmum]

My sneeky ex parter changed my sons name by forging my signater i was so easy for him he even put his name on the birth cert at the same time with out a hitch!:no:

[missie_mack]

I rang Medicare a couple of months ago, and they don't do that anymore, only what's on the birth certificate. But for those who already did that, they can keep on doing it, but no newies.

See I think someone fibbed to you as the medicare website clearly says



To change your name you will need to visit a Medicare office with your current Medicare card and appropriate documents to show that you are now known by a different name in the community.
This can be in the form of:

current driver’s licence
birth certificate
marriage certificate
deed poll
legal document
utility accounts link medicare (http://www.medicareaustralia.gov.au/public/update/index.jsp)
Now I work in the energy industry and we do not request any documentation to verify your name. I also had to set up a new telephone account last week and was never asked for any ID at all... so you can change it if you can verify you are known as such within the community :confused:

[Cicho]

See I think someone fibbed to you as the medicare website




clearly says

link medicare (http://www.medicareaustralia.gov.au/public/update/index.jsp)
[/LIST]
Now I work in the energy industry and we do not request any documentation to verify your name. I also had to set up a new telephone account last week and was never asked for any ID at all... so you can change it if you can verify you are known as such within the community :confused:

I don't think that applies to a child's change of name. I also tried and was told the same thing

[Cupcake85]

See I think someone fibbed to you as the medicare website clearly says

link medicare (http://www.medicareaustralia.gov.au/public/update/index.jsp)
[/LIST]Now I work in the energy industry and we do not request any documentation to verify your name. I also had to set up a new telephone account last week and was never asked for any ID at all... so you can change it if you can verify you are known as such within the community :confused:

For a child under the age of 15 they can only have the name that appears on their birth certificate - I just went through all this on monday with Medicare, speaking to someone in person AND ringing them. You used to be able to just change it (this was what astounded me as I too had gone by my stepfathers name without changing my surname legally) but recently they have stopped allowing people to do that with their children. Above 15 you are able to do it.

I find it silly though as I can change my sons name everywhere bar medicare....

[blueribbon]

wow, I've had major problems trying to get my son known as just my surname. On his birthcert it is a double barrel. I was pressured into the surname decision & never wanted the double barrel. Now I am trying every angle to try to change it legally! I totally regret the decision.
My ex refuses to change it. We were never married or never lived together..I asked my ex if he would agree but he said no, he wants his name first!
I have got my son known as just my surname, also manged to change his name on medicare card though this took many attempts! Centrelink will NOT change it..so far.
My son is 3 & i really want it changed legally before he starts school. His child care have his labels as just my surname but any letters they will only put the double barrel name which drives me crazy.
I have appointment with a lawyer this week. My son lives with me & my ex visits our place about 4 hours per week. I'm not sure what my chances are but I am extremely determined.

[Angiepop]

Since I was about 3 years old when my father left, my mum used her surname as mine. She didn't get it legally changed but I was always known by it, on my medicare card, passport etc. and we never encountered any problems, but I don't know exactly how mum managed to do it. Then when I was 18 I went and had it changed legally as a sign of respect for her. Best of luck ladies.

[TripleTime]

I *think* after being known by a name for 12 months, it becomes a legal name change. Dont quote me though.

I have a double banger surname on my birth cert. but its not on anything else. Also doesnt fit any where either.

[FullMoon]

My sneeky ex parter changed my sons name by forging my signater i was so easy for him he even put his name on the birth cert at the same time with out a hitch!:no:


I would sue him and have him charged!

[zephani]

I *think* after being known by a name for 12 months, it becomes a legal name change. Dont quote me though.

Not in NSW apparently. When we got married DH didn't want his second middle name on our wedding certificate but because that was the name on his birth certificate that is what would have appeared. Even though he had no other identification with the second middle name on it. He had to pay to legally change his name, have that name removed and get a change of name certificate, if he wanted that name to not appear on our wedding certificate.

Apparently it is different in VIC, which is where DH was born. They were confused when he rang up to enquire about the change of name because in VIC as you said if you are known by a name for 12 months that is your legal name. But once he explained why he wanted it they said that NSW is one of the only states that requires the formal change of name certificate.

[RaryGirl]

Thank you all for your replies....

MM, I have tried to change his name on our family medicare card and could not, they told me I needed to produce an official 'change of name'.

Anyhoo I just called the local magistrates court. Because I wish to change the name legally, I need to go in and fill in an "originating application for change of child's name" and lodge it with the magistrates court.

The magistrates court will do their thing, and write me a letter giving me a date to appear in front of the local magistrate and state my case.

Because I do not know where my X is or have any contact details for him, hopefully that should make my application run smoothly because it is not only me he is hiding from :yes:

Child support is also looking for him:yes:

Thanks again for your help girls... :hugs:

Will keep you all updated :yes:

I would love to hear how you are going. :yes:

[updaduff]

dont know all the logistics of it all, but this is what i did as a child....
when i started high school, they had us fill in our enrolment forms ourself at primary school and so i put my mother maiden name down on it (yep i was pretty independent). so from then on every form i had to fill in, i put my new last name. didnt have a problem for a few years - my medicare etc had the new name on it, my bank account etc. When i went for learners it was an issue, but just got a stat dec saying that i have been known by this name for x years.
I went to uni, got a degree, got a job with government, paid taxes etc all with the new name. When i got married i did have to put my actual birth certificate name on the paperwork that was sent in. So thats when i thought it was time to change it officially and received a new birth certificate with my new name on it.
So thats how i changed my name without the approval of both parents.

I remember an official person (cant remember who...) telling me that it is not illegal to go by a different name on your BC as long as you are not doing it for illegal purposes (fraud etc)

[Cicho]

Hi :wave:

Well I went to court on the 5th of October and stated my case to the magistrate.

He was satisfied that it is in my DS's best interests to adopt my DH's surname legally and he signed off on the paperwork :smiliedance:

The documentation was done up at my local courthouse and now I have to take it into Births, Deaths and Marriages in Brisbane to complete the rest and apply for the change of name certificate..

There is another thread here somewhere, I will find it

[Cicho]

Found it! :laughing:


Hope the link works

http://www.bubhub.com.au/community/forums/showthread.php?t=284786

[blueribbon]

That's great, congrats for the name change!
NSW has much more uptight rules unfortunately. Schools, daycare, medicare all ask for the original birth cert or the change of name certificate...& won't use any other name usually on formal documents.
If the father is around & won't consent to name change I presume it will be a much more complicated & expensive process..
I think these days it is a lot harder to get passports, medicare etc in the name that you want your child to be called. Everything is very bureacratic. Your made to feel almost like a criminal if you want your child under your own name, that's my experience!:confused:

[blueribbon]

Has anyone attempted to change their childs surname when the father still visits the child & pays child support? My lawyer tells me that these facts aren't that relevant for change of name issues but more relevant for custody issues. But I would be interested to know if anyone has experience with this type of case. From what I have read most people that change name in this post, the father has disappeared.
My ex & I were never married or we never lived together, I was pressured into giving this annoying double barrel name & now totally regret it!

[Cicho]

Hi Blueribbon:wave:

I looked into this subject quite intesively before I made the leap to take it to court.

It is all about what is in the best interests of the child.

It is not about the mother, father, custody, child support etc. Even if the father still has contact it could still be determined by a magistrate that the name change go through, for many different reasons.

If it is because of a double barrelled name, I totally understand your frustration:laughing:

My DH's family name is double barrell, but when we married I only took the last last name (IYKWIM!)

Good Luck :hugs:

If I can help in any way feel free to PM me :yes:

[Bexta]

Can it be done this way in NSW? Is it expensive?


Hi :wave:

Well I went to court on the 5th of October and stated my case to the magistrate.

He was satisfied that it is in my DS's best interests to adopt my DH's surname legally and he signed off on the paperwork :smiliedance:

The documentation was done up at my local courthouse and now I have to take it into Births, Deaths and Marriages in Brisbane to complete the rest and apply for the change of name certificate..

There is another thread here somewhere, I will find it

[TripleTime]

Can it be done this way in NSW? Is it expensive?

Id say so, ring the court house & ask.

[RaryGirl]

Found it! :laughing:


Hope the link works

http://www.bubhub.com.au/community/forums/showthread.php?t=284786

Thank you so much for updating this thread!

I'm off to find that form now. :D

[Cicho]

Can it be done this way in NSW? Is it expensive?

I am in QLD so I can't speak for NSW, but to lodge the Originating Change of Name Application form with the courts costs $82.50.

Then you need to have a signed affadavit, witnessed by a JP, which is free. You just have to fill out the form and sign it in front of the JP!

After court was finished and the magistrate approved my application, the clerk typed up a letter for me to take to the Registry office in Brisbane City ( I am in a semi-rural area), and pay $135.00 for the change of name certificate, which will get posted out to me

So not all that expensive, just nerve wracking :laughing:

[Bexta]

Thankyou! :)