A Child Arrangement Order is an order from the Court which details the arrangements for a child, including where the child will live and how they will spend time with each parent. Such an order made by the Court is legally binding on the parents of the child.

Child Arrangement Orders have replaced Contact Orders and Residence Orders, although parents who already have one of the older orders do not need to reapply for a new one.

Where a child arrangements order is in force there is a statutory restriction in section 13(1)(a) of the Children Act 1989 in relation to a change of name without the written consent of the other parent or permission of the Court. In these circumstances a change of name will only be possible if the court gives permission for making the proposed name change.

If there is not already a child arrangements order in place and the parties do not agree to the proposed change, there will need to be an application for a specific issue order. The leading case of Dawson v Wearmouth [1999] 2 AC 308 and subsequent authorities provide the guidance to be applied to such applications.

What is a Specific Issue Order?

A ‘specific issue order’ is used to look at a specific question about how the child is being brought up, for example:

• what school they go to
• if they should have a religious education
• A change of name

When you make an application to change a child’s name; the court will always make their decision having assessed what is in the child’s best interests.  To assess whether a change of name is in the child’s best interests, the court would want to ascertain:

• What the child would like (if they are of an age to make a decision).
• The child’s relationship with the parent whose name they have.
• The registered surname of the child and the reasons why the child currently has this name.
• If there have been any changes in circumstances since the current name was registered.
• If circumstances are likely to change in the future that could cast the reasons for changing the child’s name into doubt.

If, after their assessment, the court grants the application, the resultant specific issue order might state the child can now be known by the changed name.  This serves as sufficient evidence that the child’s name has been changed and no further steps need to be taken.

However, if the order gives the parent permission to change the child’s name, the parent will need to apply to change the name either by a Change of Name Deed or Statutory Declaration.

If the court denies the application, the child’s surname may not be changed. 

If you would like support in the family courts with Child Arrangement Orders, Specific Issue Orders or Prohibited Steps Orders – please get in contact with us for a free half an hour call.

To arrange this please contact us on info@womensmckenziefriend.com with details of your enquiry.