What’s in a name?

by Darren White

I recently heard about the case of Re: W.  In that case a couple had decided prior to their separation that a child would have his father’s name but the couple had separated prior to the child’s birth.  The mother upon the child’s birth decided to give the child a different name.

An application was then made by the father for contact and to change the child’s name.  This application was successful and the father was awarded weekly contact.  However the mother when she appealed the matter was successful on the grounds that the Court had not given due consideration to= the welfare checklist.  The welfare checklist looks at what is in the child’s best interests and as this has not been applied within the case then no decision could be made in respect of the child’s surname.

The Court had not given any consideration to what would happen in the event that contact, which was only taking place weekly initially at a contact centre, did not progress and the father simply dropped out of the child’s life.  What emotional impact would that have on the child having his father’s surname and his father having no involvement in his life?

Whenever decisions regarding surnames are asked to be made by the Court, the Court should always have regard to a child’s welfare.  It is therefore very important to carefully consider any application you intend to make to the Court and obtain legal advice from a qualified solicitor to ensure that you are taking the right steps.