What Factors Will a Court Consider if I Want to Change My Child’s Surname?

If a child’s parents cannot agree on a change of surname, it may be necessary to apply to the Court to seek an order for the change. This may occur, for example, after a separation or remarriage.

What factors will the Court consider?

In deciding, the Court will take into account various factors regarding a change of a child’s surname, including:

• the short and long term effects of such a change
• the advantages, both short and long term, of the change;
• any embarrassment caused to the child of having a different name to the parent they live with;
• whether it will cause any confusion of identity for the child;
• how much contact the other parent has with the child;
• any effect there might be on the relationship with the parent whose surname will be changed;
• the degree of identification that your child has with each parent and any siblings there may be;
• the effect of frequent or random name changes where there have been changes in the past;
• depending on the child’s age, their opinion on the name change.

Each application is considered on its merits, with the outcome dependent on the particular family circumstances. In all cases, the overriding consideration is whether the proposed name change will be in the child’s best interests.

Contact our Family Lawyers in Sydney, NSW

If you wish to discuss your circumstances on any family law matter, please contact the family law experts at Szabo & Associates Solicitors on 02 9281 5088 or fill in the online contact form.