Family courts have the power to make parenting orders under the Family Law Act. An order to change a child’s surname is considered a parenting order pursuant to section 64B of the Act.
As with any parenting order, the Court is concerned with the child’s best interests. In other words, the Court is to consider whether a name change is in the child’s best interests.[1]
We have written in other articles about the considerations a court has regard to in determining the best interests of a child.
Recent appeal court authority[2]tells us that the factors most frequently considered in determining whether to grant an application to change a child’s name include:
- Any embarrassment likely to be experienced by the child if
his or her name is different from the parent with residence or care and
control; - Any confusion of identity which may arise for the child if
his or her name is changed or is not changed; - The effect any change in surname may have on the relationship
between the child and the parent whose name the child bore during the
relationship; - The effect of frequent or random changes of name;
- The contact that the non-custodial parent has had and is
likely to have in the future with the child; - The degree of identification that the child or children have
with their non-custodial parent; and - The degree of identification which the child or children have
with the parent with whom they live.
In certain circumstances, it can be extremely important to your child’s wellbeing that a name change be considered. If you wish to discuss your circumstances further and to obtain advice on your child’s change of name, contact one of our experienced family law solicitors.
elringtons lawyers regularly provide legal advice in relation to a range of family law matters. Please contact our Family Law Team for more information or to make an appointment call (02) 6206 1300
