Can a Court change the surname of my child?

Can a Court change the surname of my child?

Yes. However the child’s best interests are paramount in a Court determining whether or not it will make an order to change the child’s surname.

Some of the following factors will be considered by a Court:

1. 1. Any embarrassment likely to be experienced by the child if his or her name is different from the parent with residence or care and control;
   2. Any confusion of identity which may arise for the child if his or her name is changed or is not changed;
   3. The effect any change in surname may have on the relationship between the child and the parent whose name the child bore during the relationship;
   4. The effect of frequent or random changes of name;
   5. The contact that the non-custodial parent has had and is likely to have in the future with the child;
   6. The degree of identification that the child or children have with their non-custodial parent; and
   7. The degree of identification which the child or children have with the parent with whom they live

If you have any questions with regard to the surname of your child, please contact Kathy Chase at Pittwater Family Lawyers on: (02) 9918 6565 or 0418 285 407 or send her an email at: pittwaterfamilylawyers@gmail.com