click to call
NationalNumber1300 798 6301800 GENUINE Western Australia Queensland New South Wales Victoria South Australia
SYDNEY PARRAMATTA NSW
12/83 George Street, Parramatta, NSW 2150
LIVERPOOL NSW
Level 2, 215-219 George Street LIVERPOOL NSW 2170
NEWCASTLE, NSW
6 Portside Crescent, Mint Business Centre, Maryville 2293 NSW
WOLLONGONG, NSW
Suite 1, Ground Floor, Enterprise 1 Innovation Campus, Squires Way North Wollongong NSW 2500 Australia
PENRITH, NSW
Level 1, 331 High Street, PENRITH NSW 2750
NORTH SHORE, NSW
Suite 2, Level 3, 828 Pacific Highway, Gordon NSW 2072
BLACKTOWN, NSW
10-12 Flushcombe Rd, Blacktown NSW 2148
PYMBLE, NSW
Level 2 25 Ryde Road PYMBLE NSW 2073
GOSFORD, NSW
28 William Street (The Masonic Centre - next to the Imperial Shopping Centre, directly opposite Kibble Park) GOSFORD NSW 2250
CHATSWOOD, NSW
Level 13, 465 Victoria Ave, CHATSWOOD NSW 2067
SYDNEY, NSW
170 Phillip St, Sydney NSW 2000 (Law Society of NSW, Library on Level 1)
PERTH
Suite 7, 342 Albany Highway,
Victoria Park WA 6100
JOONDALUP (serviced)
15 Barron Parade Joondalup WA 6027
CANNING VALE
First Floor, Suite 11 288 Amherst Road Canning Vale WA 6155
GERALDTON, WA
184 Marine Tce, GERALDTON WA 6530
MANDURAH, WA
17/38 Tuckey St, MANDURAH WA 6210
ALBANY, WA
222 Chester Pass Rd ALBANY WA 6330
Brisbane
Building 1, Kings Row, Level 2, 52 McDougall Street MILTON QLD 4064
FORTITUDE VALLEY, QLD
Level 8, 757 Ann Street, Fortitude Valley QLD 4006
BROOKWATER (IPSWICH AREA)
5/22 Magnolia Drive, Brookwater QLD 4300
GOLD COAST, QLD
155 Varsity Parade, Varsity Lakes, Gold Coast, 4227
EIGHT MILE PLANTS (LOGAN AREA) QLD
Building 6, 2404 Logan Road, Eight Mile Plains, 4113
MURARRIE, QLD
Building 1, 747 Lytton Road, Murarrie, 4172
GREENSLOPES QLD
138 Juliette Street, Greenslopes, 4120
CABOOLTURE
4/29-31 King St, CABOOLTURE, QLD 4510
TOOWOOMBA,QLD (SERVICED ADDITIONAL)
58-62 Water Street South Toowoomba QLD 4350

Can my ex-partner change our child’s name without my consent?

The answer to this may depend of the circumstances of your situation such as whether or not there are current court orders in place and also the child’s age.

The Births, Deaths and Marriages Registration Act 1988 (WA) allows the parents of a child to apply to change a child’s name to the Registrar of Births, Deaths and Marriages (‘BDM’). In this case both parents need to sign the Application to Register Change of Name and file it at the Registry. If the child is 12 years or order, the parents cannot change the name of the said child without the child’s consent (unless the child is not able to understand the implications of the change). In this case, the child must sign the Application to Register Change of Name.

In cases where the parents to a child under 12 years old cannot agree, a parent can commence an application in the Family Court of Western Australia (‘FCWA’) for a name change. Applications in the FCWA are often commenced in circumstances where:
1. As indicated earlier, where one parent wants a name change and the other parent won’t agree;
2. Where one parent becomes aware of and disagrees with the other parent using an incorrect name for a child and wishes to prevent this; and
3. Where the child applies to the court wishing to change their name and the parents do not agree with the change.

When considering the applications, the FCWA focuses of the child’s best interests. If the court finds that it’s in the child’s best interests to have their name changed, the court normally makes a formal declaration to that effect and the Registrar of the BDM must register the change of name.

Under the Family Law Act 1975 (Cth) (‘FLA’), changing of a child’s name is a ‘major long-term issue’ that parents are responsible for.

In circumstances where there are parenting orders (‘orders’) in place and the orders provide for the parents to have equal shared parental responsibility for the child, that exercise of parental responsibility involves the making decisions about the major long-term issues affecting the child and as such decisions such as the ‘change of name’ should be made jointly. Parents must consult each other in relation to the decision to be made and make a genuine effort to come to a joint decision. It should be noted that a parenting order may provide for one parent to have the sole responsibility making decisions about the long-term issues affecting a child and as such it is possible for one parent to change a child’s name.

Should you wish to make an application or respond to an application in relation to changing a child’s name in the Court, please do not hesitate to contact us.