How to Court get a Court Order about a Child’s Surname
If you want to obtain a Court Order to either:
- change a child’s name; or
- prevent the Child’s name being changed or used differently to the name as it appears on their Birth Certificate; then
you can make an Application to the Federal Circuit Court of Australia. The Federal Circuit Court of Australia hears most family law matters, with only appeals or the most serious of cases going to the Family Court of Australia.
To start proceedings in Court, you will need to file in Court, both an Application as well as an Affidavit in support. This first Affidavit you file will not be your Final Hearing Affidavit, but an initial Affidavit.
Your Affidavit should state all of the facts and circumstances relevant to the matter, including each and every fact, matter and circumstance on which you wish to rely and need bring to the attention of the Court.
We have a separate information sheet which explains how to prepare a good Affidavit in our How to Represent Yourself Section.
Change of a Child’s Name – More Information
If the other parent has started using another name for your Child or you are concerned they may start doing so, then the information in the following 2 separate information sheet will be helpful to you:
- Can a Parent Change a Child’s Surname
- A Parent Using a Surname for a Child, not on their Birth Certificate
If you have to appear in Court in relation to an Application about change of a Child’s name then you will need to know what sort of information the court wants to know and what factors will influence the decision the Court will make. This is fully explained in our information sheet What are the matters Considered by the Court when making an Order as to a Child’s name.
Pages in the Child’s Surname Section
- Can a Parent Change a Child’s Surname
- Can you Prevent, Stop or Reverse a Child’s Surname Change
- Using a Surname not on the Child’s Birth Certificate
- What are the matters looked at by Courts when making Orders about a Child’s Surname
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Other Topics in the Child Issues Section
- Types of Parental Responsibility Orders
- Child’s Time with Parents: Shared Care or not
- Grandparents: Rights to see Grandchildren
- Documenting a Parenting Agreement
- Best Interests of the Children
- Relocation of a Parent with a Child
- Change of a Child’s Surname
- Child Passports & Overseas Travel after Separation or Divorce
- How to change a Final Parenting Order previously made by the Court
- International Child Abduction
