NSW Family Law - Grandson Wants a Name Change - What to Do?

[gypsy]

My daughter is getting married and my grandson wants to change his name to his stepdad's. His biological father pays child support but has only seen the child once in 12 years. My grandson doesn't have his father's surname. How do we go about a name change without his father's permission which he won't give under Family Law?

 

[AllForHer]

Without the father's permission to change the child's name, the mother will have to file an initiating application with the court to get a parenting order enabling the child's name to be changed. The first step is to organise a family dispute resolution conference with the father to try and reach an agreement without court intervention, which is a mandatory step before court proceedings can commence. If the father refuses to attend or the parties cannot reach agreement, they will be issued with a s60I certificate that must accompany the initiating application.

 

[gypsy]

Does it make a difference if he is not named on the birth certificate, but occasionally pays child support?

 

[AllForHer]

If he is not named on the birth certificate, I believe the mother can apply without the father's consent.