Can I change my child's last name?
Following a separation or divorce, a parent may wish to change their child’s last name. This could be because they want the child to have the same last name as their own, or the same last name of their new partner whom the child identifies as a parent. Or perhaps the parent wants to ensure that the child is no longer identifiable to the parent that abused them. Ultimately, there are many possible reasons for why a parent may wish to change their child’s last name.
However whether a parent can change their child’s last name is the key question.
In summary, a parent cannot unilaterally change their child’s last name without the consent of the other parent (unless in certain circumstances) or a Court Order.
Changing a child’s name in Victoria
In Victoria the Births, Deaths and Marriages Registration Act 1995 requires that both parents of a child must jointly apply to change a child’s name unless the parent applying is:
- the only living parent of the child; or
- the only parent named on the child’s birth certificate; or
- there is a Court Order providing for the change of name.
Whilst a parent can complete the application to change the child’s name on their own, the application will unlikely be processed without the other parents’ consent or unless one of the exceptions above applies.
Obtaining a Court Order
If a parent does not consent to change the child’s last name, then the other party can make an application to the Court.
The Court will use its discretion to decide whether it is in the child’s best interests to have their last name changed. The Court will consider various factors such as family violence to assist in their decision making. It is strongly encouraged to obtain legal advice as to how to complete the application seeking such an order.
Before an application to the Court can be made about this issue, the parties must have attempted mediation unless there are exceptional circumstances to warrant mediation being inappropriate.
What if you have a Court Order which provides you with sole parental responsibility?
If a parent has previously obtained final orders relating to parenting matters which also includes sole parental responsibility that may not be sufficient to change the child’s last name.
The parent may still need the other parent’s consent or a further court order to allow for the change of last name.
If you are considering to change your child’s last name, please contact the Family Law team or Amanda Di Placido on (03) 9739 7377 for further advice.
Written by RNG Lawyers Senior Associate and Accredited Family Law Specialist, Amanda Di Placido