Watts McCray Can Help in Disputes with Child’s Name Change

Watts McCray, Australia’s leading family lawyers, can assist clients who need assistance with the issue of changing names for their children. The firm can get involved when separating parents do not agree on the use of a specific name for a child, more commonly the child’s surname.

A change to a child’s name is considered a major long-term issue under the Family Law Act 1975 meaning parents must consult with each other before making a decision to change a child’s name, including any hyphenation. In New South Wales, if it is agreed by the parents, to implement a change of name, they each must complete and register an “Application for a Change of Name” with the Registry of Births Deaths and Marriages and a child’s name can not be changed without agreement between the parents or a Court Order.

The Court can make orders to stop a parent from using a specific name for a child and/or require a parent to ensure that the child is known only by a specific name. All change of name applications are decided on a case by case basis. However, if an application to change a child’s name comes before the Court, the primary consideration is whether the proposed change of name will be in the child’s best interests.

Before applying to the Court for such an order, the parents are required to attend upon a registered Family Dispute Resolution Practitioner in an attempt to try and resolve the dispute. If agreement is not reached, a certificate pursuant to Section 60I of the Family Law Act 1975 will be provided and an application can then be made to the Court. There are exceptions to the requirement that the parties attend upon a Family Dispute Resolution Practitioner which includes cases involving family violence, child abuse or urgency. These exceptions are set out in full at Section 60I(9) of the Family Law Act 1975.

Watts McCray has been at the forefront of making Australians aware of the latest in family law. Their resource filled, dedicated website divorce.com.au aims to make things simple for those looking for information on all types of family law matters. The website also addresses issues such as child support, spousal maintenance, child custody, divorce and property. Settling disputes outside the court room using alternative dispute resolution methods like mediation, settlement conference, arbitration and collaborative law gives parties the benefits of saving time and money. These topics are also discussed in detail on the website.

Watts McCray Lawyers, with offices located in Sydney, Canberra, Central Coast, Parramatta, Norwest, Brookvale and Frenchs Forest, are a leading specialist family law firm. For more resources related to divorce lawyer, de facto property settlement, family court lawyers, child custody lawyers and more: https://www.divorce.com.au/