Changing a Child's Name
Changing the name of a child is a decision that should be made by both parents together. Where:
One parent seeks to change a child's name and the other parent disagrees; or
If a parent has already started calling the child by another name and the other parent disagrees;
the matter can be brought before the Federal Circuit and Family Court of Australia for a decision about what name the child will be called by. Once a court order is made, parents must use the name as ordered by the court.
The primary consideration in changing a child's name rests with the welfare of the child involved and how the change will affect the child both in the short-term and long term.
A range of factors can be considered including the child's living circumstances and arrangements, the child's view, the child's family and relationships, and any relevant reason that might show whether it is better or not, for a change of name to occur.
Bringing Change of Name Proceedings
Either parent can bring a change of name court application, however, the parents must attempt family dispute resolution first unless an exception applies including where there has been serious family violence and dispute resolution would not be appropriate.
Our family lawyers provide child change of name legal advice, dispute resolution legal services and court representation.
More Parenting Options and Information
Having a dispute about children is never easy especially where both parents believe that they are acting in the best interests of the child. There are many options to help parents resolve disputes and help parents come to an agreement which can be found below.
Information about parenting plans to allow parents to reach a written agreement about child arrangements.
Application for Consent Orders to allow parents to receive court orders about child arrangements.
Where parents cannot resolve disputes between them, they can bring proceedings before a court to obtain help to resolve the dispute.
Property settlements can be achieved through alternative dispute resolution, including family law mediation.
When a parent wants to relocate with a child or has already relocated with a child without the other parent's consent.