Has anyone changed their Childs surname in victoria, Australia???? Do you have any advice?

Mecarla - posted on 01/29/2012 ( 2 moms have responded )




My daughters father only sees her if I take a trip to see him.

His mother is in contact with me and sends gifts for Christmas and birthdays.

I want her to have my surname.

She is nearly 4.

I made the mistake of thinking children should have their fathers last name, I was naive........

I know I will have to go to childrens court and it will be difficult but that is all I know.

Does anyone have any advice??

Or could you please share your story?


Jodi - posted on 01/30/2012




By the looks of it, you still have to satisfy the mediation component of filing with the Family Court - so you will have to contact your daughter's father about this issue as a first step, and arrange for mediation before you can file:

The Family Court will not grant orders enabling a change of name merely because it is convenient for the parent having responsibility for day-to-day care, welfare and development to use a new name. In all of the circumstances the Court, taking into account the relevant provisions of the Family Law Act and decisions of the Court, must be satisfied that it is in the child's best interests for the application for change of name to be granted and to make a declaration to that effect.

It must be noted that prior to making any application for a change of a child's name, or any orders prohibiting the use of any name and other matters associated with a child's name, the applicant party must, in accordance with section 601 of the FLA, satisfy the compulsory mediation requirements and also the pre-action procedures. This means that the applicant party not only must provide relevant information to the other party and make a genuine attempt to settle the matter out of court, but they must also obtain a certificate that the matter could not be resolved through mediation. These certificates are issued by dispute resolution practitioners authorised to conduct such mediation. Brochures prepared by the Family Court about pre-action procedures and compulsory mediation may be obtained at any registry of the Family Court, Federal Magistrates Court, or through the courts' websites.



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