Legal Question in Family Law in Australia
Change of name
My son (7 years old)carries my surname. However, unknown to me, his mother has changed his surname to that of her present husband. Is that legal in Australia? What are my options?
I pay child support regularly, have frequent email and phone contact with him and visit him once or twice a year.
Thank you and regards.
2 Answers from Attorneys
Re: Change of name
It is neither legal or illegal to change a name. The Family Court however frowns upon ine parent unilaterally changing a child's surname and you can make application to the court to require the mother to use your surname for the child.
Re: Change of name
It is possible to apply for a change of name by court order. If there is no court order, then it was probably improperly done.
You can check with the Registry of Birth and Death for info on how the name was changed.
If a court order was obtained, it was probably obtained after showing that the applicant was unable to contact you and service of the application on you was waived.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
