Changing name

[iwant]

Hi all,
My son (Bailey) biological father hasn't seen him since he was 1 month old. Bailey is now 5 years 3 months and I have since married and changed my name (as you do). I am wanting to change Baileys last name from my maiden name to my married name but am required to provide signatures and identity documents from the father, I have no contact with the father nor do I know his location. Has anyone changed their child's name with out the fathers details?

[Chunkydunks]

I'm not sure in what way but apparently it is much easier for you to change your DS's surname because it your maiden name. I hope you have some luck with it soon.

[Myfanwy]

If you are in NSW and the father's name is on the birth certificate you will need the father's permission.

When we changed our DS surname from DH's surname to mine and his with a hyphen we both had to sign as both of us were on the birth certificate. It's much easier if it is just the mother's name on the birth certificate.

[little bean]

If you're in Qld, you can put in an application to the Magistrate's Court and they decide what is in the best interests of the child. (I'm not sure what criteria they base that decision on but having the same name as the rest of the family sounds like a good reason)

[Cicho]

I went to court in October 08 and changed my sons name to my married name. I too could not locate the bio parent so decided to take it to the magistrates court, which granted my application.

There is a thread somewhere. Ill find it for you...

[Cicho]

Here you go.. have a read through this thread

http://www.bubhub.com.au/community/forums/showthread.php?t=279940


If you have any questions PM me. Im happy to help

:skywriter:

[InfiniteDreams]

I am in a similar situation with DD father not seeing her since she was a newborn, she is now 4

I got married last year and decided I wanted to change her surname, especially since DD had his surname ( a decision I was not happy with from the start and was forced into)

I went and saw a lawyer, as I have no contact with him anymore, and they advised me that to get a court order to grant a name change, I have will have to try mediation first... unfortunately not having a phone number etc isnt gonna cut it.

There is a program run thru centrelink about getting ppl like this in contact, basically IF they are on centrelinks system, they will send them a letter saying you request communicating and offer your phone number or email or whatever ... however, due to privacy laws, centrelink cannot even tell u if they sent them a letter, as that is them disclosing the fact that they are in the system (for whatever reason) and in fact a customer of centrelink. now these days most ppl are, either for a health care card, benefit, child support etc....

long story short... you will need proof that you have tried an avenue such as this.....

In my situation I had his aunty's phone number which was still connected and she gave me an address for the father, so I had to go through mediation, hoping that he would respond to their letters...

he responded, and we did the mediation, he was quite ****ed off i had married (his life is miserable and i am happy) and he was even more p**d off that I wanted to change DD surname to my new husbands name.

Even tho the biological father has nothing to do with his daughter, he likes to carry on when given the chance...

the one mistake we made when changing her name, was that I didnt realise we needed the id documents from both parents, I was able to get him to agree with a parenting plan that for now, while she doesnt know him, that DD will have my married surname,
The father signed the form at the police station, but now we need his ID documents, sighted at the police station etc and sent it...

the registry of Births deaths and marriages are holding my case while i am getting the mediators to contact him and eventually send in the documents.

sorry this is a long post, but its a pretty similar situation.. but one thing i wanted to say was that my lawyer advised me, that without a parenting plan or agreement or signed form, the court would most likely only agree to changing the surname to a hyphenated surname, because even the most slack of fathers (or non custodial parent) still have rights and the court is very cautious on making a decision that rules them out basically.


my battle has been going for about a year now, and i am still at the point where BDM have the signed form, my id documents, the fathers birth certificate (because i still had it) and now all we are waiting on is his drivers license and medicare card to be photocopied , sighted at the cops, and sent in.... but the father still cannot manage that!

the other thing is,
getting a court order will end up costing you about $3,000.
by the time you pay lawyers fees, court costs and changing the name costs.

There is a lot of legal paperwork to get thru the court system so 'representing yourself' unless u are a legal person is probably not advised, I looked into that too to save money..


good luck....
i really hope you get there... and make sure that whatever name it is you choose to change it too.... thats the name you are happy with, as the process has to be done every time!

[Cicho]

I didn't need a lawyer, and my case went through without a hitch :yes:

I didn't go to great lengths either to try and find the other bio parent and get him to sign the papers. My theory was that I had his child, and he should be keeping in contact with me, not me chasing after him :yes:

I filled out the forms and the affadavit, paid the fee and was given a court date. Went to court, the magistrate was lovely and very understanding and asked me a few questions, then granted the name change :yes:f I cried with relief :crying: and thanked him profusely

The magistrate will grant the name change but it has to be in the best interests of the child NOT the parent .. that is how the law reads :yes:

I don't think the OP will have any dramas at all.. her case is very similar to mine :yes:

OH and I am in QLD