I posted on here a few days ago for advice with regards to my partners ex saying she is applying to court to change sons surname to her new married name.
My question is that even though my partner has told her he will not agree to this, will he be notified when she applies to the court to change the surname? Will they both have to attend court or will it be a matter of paperwork?
Just a bit worried that she may lie on the forms and say that my partners absent when he is very much in his sons life and has a court order in his favour for contact.
Also does anyone know if he would be able to reclaim court costs if they do both need to attend and the judge decides ex is not allowed to change the surname?
Just a bit confused by it all as my partner really doesnt want this to happen but his ex is determined that she will go to court to change his surname.
The ex would need to make a formal court application, your ptr would be notified and served with papers. There would be a court hearing. No costs will be awarded.
Your ptr might want to consider applying for a PSO (prohibitive steps order). This is an order that tells a parent not to do something. In this case, your ptr would argue that he believes his ex will try and unilaterally change his child’s name and that an order is needed to prevent that.
The court may well dismiss the application, saying that such an action by the ex would be unlawful and that an order is therefore not necessary. However the application would allow your ptr to formally raise the issue and one way or another, have the law spelt out to the ex.
I also think it would be sensible to alert the school and make it clear that he does not agree to any change of name.
As far as i am aware if one parent claims the other isnt present in the child''s life they have to jump through hoops to prove it. My colleague went through it a while ago and it was by no means an easy process.
If i remember rightly you said in your previous post that there was an order in place stating she couldnt change his name? Surely that in itself suggest the father is in the child''s life.
One option would be to apply for a SIO (specific issues order) asking that an order is made that the ex disclose the school where his son will be attending. He has PR and is entitled to this information. He could apply for this and PSO at the same time.
When he has the school information, he could write directly. Example:
Dear Ms Headmaster,
Re: John Smith
I am John''s father and have parental responsibility by way of marriage/being named as father on his birth certificate/court order. Sadly his mother and I are separated and there is some areas of disagreement between us. I write to advise you that John''s name is ''John Robert Smith'' and it is unlawful for him to be known by any other name. Attached is a copy of a court order for your information.
I would be obliged if you would confirm reciept of this letter and also to add me to your mailing list in respect to correspondence from the school.
thanks so much for the advice, we wrote a letter to the school enclosing a copy of the contact order and they responded saying that my partners surname has been added to their recards and his new class teacher will be informed and also they will send him any correspondance directly.
Just have to wait and see what she does about tsking this to court to get the name changed.