When dealing with an application for a change to a child's name, the court's primary consideration is the welfare of the child, as outlined in Section 1 of the Children Act 1989. The court will take into account various factors to determine whether the name change is in the best interests of the child. Here are the key considerations:

Welfare Checklist

The court will consider the welfare checklist set out in Section 1(3) of the Children Act 1989, which includes:

  1. The ascertainable wishes and feelings of the child: The court will consider the child's views, taking into account their age and understanding.
  2. The child's physical, emotional, and educational needs: The court will assess how the name change might impact these needs.
  3. The likely effect of any change in the child's circumstances: The court will consider the potential impact of the name change on the child's life.
  4. The child's age, sex, background, and any characteristics the court considers relevant: These factors will be taken into account to understand the context of the name change.
  5. Any harm the child has suffered or is at risk of suffering: The court will consider whether the name change could cause or mitigate harm.
  6. How capable each parent (and any other relevant person) is of meeting the child's needs: The court will evaluate the ability of the parents to support the child through the name change.
  7. The range of powers available to the court under the Children Act 1989: The court will consider all available options to ensure the child's welfare.

Additional Considerations

  1. Parental Consent: If both parents have parental responsibility, the consent of both parents is generally required for a name change. If one parent does not consent, the court will need to decide whether to override that parent's objection.
  2. Identity and Continuity: The court will consider the importance of the child's identity and continuity, including the significance of the current name and the reasons for the proposed change.
  3. Cultural and Religious Factors: Any cultural or religious implications of the name change will be taken into account.
  4. Impact on Relationships: The court will consider how the name change might affect the child's relationships with family members and others.
  5. Practical Considerations: The court will also look at practical issues, such as the administrative process of changing the name and any potential confusion or difficulties that might arise.

Case Law

Several cases provide guidance on how the court approaches applications for a child's name change:

  • Re W, Re A, Re B (Change of Name) [1999] 2 FLR 930: The court emphasised that the welfare of the child is the paramount consideration and that the child's name is an important part of their identity.
  • Dawson v Wearmouth [1999] 1 FLR 1167: The House of Lords held that a child's name should not be changed without good reason and that the court should consider the child's welfare as the paramount consideration.
  • Re C (Change of Surname) [1998] 1 FLR 656: The court highlighted the importance of stability and continuity in a child's life and the need to consider the child's welfare in the context of their family relationships.

Ultimately, the court's decision will be based on what it considers to be in the best interests of the child, taking into account all the relevant factors and circumstances.

Resources

Published by James Thornton in Blog
Tags: change of name, child name, children, children act