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Thread: Changing DDs surname without XPs consent?

  1. #1

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    Default Changing DDs surname without XPs consent?

    As the title suggests, I would like to change my DDs surname from her fathers (XP) to mine. XPs moved away when she was 10 months old (she is now 5) and sees her once a year if that. Quite honestly he hasnt bothered wwith her much at all. I have just had another bub (2 months old) who has my surname hyphenated with his dads (DDs stepfather). This has bought up her wanting to have my name and I would like her to as well due to school reasons etc. As much as her father doesn't bother he would definatley object to changing or even hyphenating her surname. Is it possible to do it without his consent? Has anyone else had a similar experience?


  2. #2

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    Short answer no, not unless you have sole parental responsibility - and that's not something easy to get.

  3. #3

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    I changed my surname when I was 12 with out my Dad's consent. I think there was something that said something about the bio dad being unreachable. But Maybe I was old enough also?

  4. #4

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    You can always put your last name as her preferred name on forms and have his last name as the legal one til she is old enough to ask a judge herself.

  5. #5

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    Me and my eldest DD were in the same boat. We could not change her name and now for the first time in her life she is forced to use her fathers surname (what's on her birth certificate but she has never been known as that and her medicare card has always been different to her birth certificate) and there is nothing we can do about it. Her father saw her twice in 8years and we still couldn't change her name. She is now 13 and cant change it legally until she is 18 apparently.

  6. #6

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    Yeah until she's 18 you need his permission. I started using my step fathers surname in primary school and all my school records were in that name but it wasn't my legal name. Had to get real father to sign a form agreeing to me changing it legally when I realized it was going to be difficult to apply for uni in legal name and have no school records! He was not happy about it but he did it.

    Interestingly we have been completely estranged for about 13 years now.

  7. #7

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    I've read somewhere that I could apply to the magistrates court to get it changed without him? Waste of time probably?

  8. #8

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    And about $30,000 I was told.

  9. #9

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    Quote Originally Posted by Mildez View Post
    And about $30,000 I was told.
    Actually that might have been the cost of my husband to adopt my daughter.

  10. #10

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    I had a phone appointment with a legal aid solicitor today and went through everything. She said changing it completely without consent will be very hard although hyphenating it should be a lot easier and I feel like that is a good compromise for mine and DD's situation. Thanks for all your replies and shared experiences I really appreciate it

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