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If one parent will not agree to have a child's name changed, the other parent can file papers to request the change. The non-consenting parent must be served with copies of the name change papers and given a chance to object. A judge may or may not grant a child's name change without the other parent's consent.
Obtain a certified copy of the court order that stipulates the name change from the court that issued the change. Complete the Application For Correction Form. Send the certified copy of the court order, the application, a photocopy of your current ID (such as a driver's license) and a $45 fee to our office.
You will need to pay the filing fee. You can call the District Court Clerk's office to find out the fee amount (usually $70-100). The Clerk's office will date stamp your petition and will give you a case number. You must include the case number on any other papers you file in this case.
If you want to change your child's name, the first step you need to take is to file a petition with the family court in your county requesting the change. You are obligated to notify the other parent and give them the opportunity to respond to your petition.
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.
Generally, you will not be able to change your child's surname without the permission of the other parent if: the other parent is listed on the Child's Birth Certificate, and.
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.