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My Wife Has Remarried And Has Said That She Wants The Children To Have The Same Surname As Her As
My wife has remarried and has said that she wants the children to have the same surname as her as she wants to be a proper family with her new husband. She has already started calling the children by her new husband’s surname. I don’t think that is right, as it is confusing for the kids. They are 5 and 8. Thanks.
My wife has remarried and has said that she wants the children to have the same surname as her as she wants to be a proper family with her new husband. She has already started calling the children by her new husband’s surname. I don’t think that is right, as it is confusing for the kids. They are 5 and 8. Thanks.
Public Answer
Thank you for your enquiry.
Your ex-wife cannot legally change your children’s surname unless you give your written agreement, or she makes an application to the family court for an order permitting her to change the children’s surname and the court grants the order.
If your ex-wife will not stop calling the children by her new husband’s surname, then you could make an application to court for a prohibited steps order to stop her from changing their surname.
If you are experiencing any issues with seeing the children, you could also apply for a child arrangements order to set out the times you should see the children.
The court is normally reluctant to change a child’s surname unless there is very good reason to do so. That is because the surname is part of your children’s identity. However, if your ex-wife will not stop calling the children by the new surname and you delay in taking action the court may say that it would be even more confusing to the children to change the surname back again. I would therefore urge you to take action now rather than wait. A solicitor’s letter to your ex-wife may be sufficient and if not you could apply to court for a prohibited steps order.
To discuss your situation and advise you on the best way forward please call us on 0203 959 9123 to arrange an appointment to see us.
Jordana Adams, Family Solicitor
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