Name change

[pepsi2808]

Hi. I'll try and narrow down as much as possible. I've an sgo for my 4yr
old boy. Placed at birth with him mum who left after 3 days. He is my
cousins grandson legally. Following all assessments we were granted sgo
when he was 7mth old with a recommendation of once fortnight supervised
contact for each mam and dad. Which I've now been told is a very high level
of contact for a child removed. I initially supervised mums contact and
dad's supervised by paternal grandad. Contact broke down pretty much
straight away with mum and dad however paternal grandad kept up dad's
contact. He was removed for failing to protect also D.v dad is extremely
violent and both parents continue to take recreational drugs. I stopped
contact as mum was turning up black and blue and sitting on her phone
ignoring baby completely despite been told off health visited and other
professionals. And dad continued to be abusive but then absconded police
custody and went on run. Since been in and out of prison. No further
contact they haunt had for over 3 year. My question is has anyone with sgo
managed to obtain adoption or change of child's surname. This is for
reasons now of sudden constant threats of courts contact etc and also
because my little boy insists his surname is the same as ours because he
knows no difference. We new initially we would be second parents or carers
however when parents could not or would not put his needs first and him
been a baby we had to step up and be parents. Grandad has now also started
been awkward and threatening because he wants extra contact in order to
cause problems to help his son. As my boy has not been wanting to go with
grandad I've said I'm not putting up with his intimidating behaviour and
not to come back. Is name change or adoption possible? Thankyou

[Suzie, FRG Adviser]

Dear pepsi2808

Thank you for posting on the family and friends’ discussion forum.

I am sorry that you have had difficulties with the parents and now paternal grandfather regarding contact with child for whom you have a special guardianship order.

Dealing firstly with contact, if there is an order for contact and you wish to change the level of contact then you can apply to the court to do so. However, as the parents are not taking up contact and you believe it is not in the child’s best interests then, you can make the decision to stop contact and it would be for the parents to take the matter to court if they want contact.

The grandfather could do the same if there is an order for him to have contact or he could apply for an order if there is no order at present.

Your question is whether you can change the child’s surname. The answer is that it is possible to change the name but only if the court allows it. You cannot change it without a court order. The child, you say wants to be known by your surname, but it seems this is because that is the name he has grown up with and knows.

Regarding adoption, yes you can apply to adopt him and the first step would be to inform your local authority that you wish to do so. They will have to carry out the appropriate assessments in respect of adoption. The court would then have to consider whether adoption is the best option for the child.

You will get more information about adoption from CoramBAAF on 020 7520 0300 or visit their website.

This advice sheet Special Guardianship: what does it mean for birth parents? will give you more information about the parents position.

I hope you find this information helpful.

Best wishes

Suzie