The proposed change to a child’s name is a common issue for separated parents and can become highly contested in some cases. There are several considerations taken into account by parents and the Federal Circuit and Family Court of Australia (“the Court”) when determining whether to change a child’s name.
What if parents agree to change the child’s name?
In some cases, parents will agree to change a child’s name following separation. This may happen because one of the parents have changed their own surname following separation (for example if they have re-married, or if they have reverted back to their maiden name) or because the parents wish to adopt a hyphenated surname for the child incorporating both of the parents’ surnames.
If this sounds like you, the process to change the child’s name by agreement is administrative. It requires the lodgement of a joint application and filing fee with your relevant state or territory Registrar for Births, Deaths and Marriages.
What if parents cannot agree on whether to change the child’s name?
If parents cannot agree, then the parent seeking to change the child’s name may have to consider complying with the pre-action procedures (if applicable) and making an application to the Court seeking Orders to have the child’s named changed under Part VII of the Family Law Act 1975 (“the Act“).
Pre-action procedures
Unless an exception applies, a party that intends to commence proceedings about a change of name issue (and/or any other parenting issues) must comply with the pre-action procedures. This includes, but is not limited to, making a genuine attempt to resolve the matter and participating in dispute resolution.
If the change of name issue is resolved by agreement through dispute resolution or otherwise, that agreement can be formalised and a joint application for the change of the child’s name can be made by the parents. If the matter does not resolve by agreement, a parent may proceed with an application in the Court.
What the Court considers?
Whether or not the Court will make an order to change a child’s name will depend on the facts of the individual case. The overarching consideration for the Court is whether the proposed change in name is in the “best interests of the child”. The authority of Chapman & Palmer (1978) FLC 905-10 set out further factors to be considered by the Court in such matters, including:
- The welfare of the child as the paramount consideration.
- The short term and long-term effect of any change in the child’s name.
- Any confusion of identity which may arise for the child if the name is or is not changed.
- Any embarrassment likely to be experienced by the child of the name if the name is different from the parent who has the primary care.
- The effect which any change in surname may have on the relationship between the child and the parent whose name the child bears.
- The effect of frequent or random changes of name.
Additional matters that the Court may consider include: the short and long-term advantages to the child if their name was not changed; the extent of the child’s past and future contact with the parent who does not have primary care of the child; and the extent to which the child identifies with those names.
A family lawyer from our office can assist you if you are going through a change of name issue for your child.
Article By: Anastasios Keramianakis
Family Lawyer
Tassi is a compassionate and driven advocate. He helps his clients work out their goals and develops clever strategic pathways to achieve them. Over his years of practice, Tassi has built a reputation for being able to navigate difficult and high conflict family law matters. He holds a degree in accounting which gives him an edge in complex property and financial cases.
