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The judge usually requires a hearing before approving a child's name change without both parents' consent. The hearing is called a "prove up" or an "uncontested" hearing. This is a short hearing where the judge can ask you some questions before deciding whether to approve the child's name change.
If you have sole parental responsibility, you will be able to change your child's name without anyone else's consent or a Court approval. You will still need to seek legal advice from a solicitor to make a formal deed to change their name.
Complete a Petition for Change of Name (Adult) (CC-DR-60) or Petition for Change of Name (Minor) (CC-DR-062). Attach documents with your current name (birth certificate, driver's license) and documents that show a name change (marriage certificate).
Step 1 Fill-in Petition for Name Change. Step 2 Fill-in Consent Form(s) Step 3 Fill-in Order for Name Change. Step 4 Fill-in Notice of Name Change. Step 5 Gather Documents. Step 6 File Documents with the Circuit Court. Step 7 Pay Filing Fee. Step 8 Publication of Name Change.
If you have sole parental responsibility, you will be able to change your child's name without anyone else's consent or a Court approval. You will still need to seek legal advice from a solicitor to make a formal deed to change their name.
In NSW a child's surname may only be changed in circumstances where both parents of the child (as named on the child's birth certificate) consent to the change of name unless there is an Order of the Court, or where one parent is deceased.
When Both Parents Agree to the Name Change (or one parent is deceased or has no legal rights) When both parents agree to change a child's name, the parents can file papers to have a judge legally change the child's name. Only one parent's consent is needed under certain limited circumstances.
Therefore, you will need to obtain the permission of those with parental responsibility to change your child's name.However, if the other parent does not consent to the name change, you would need to apply to the Court for permission to change your child's name.
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.