What form required for name change in SGO?

Skippy
Posts: 38
Joined: Mon May 13, 2013 5:01 pm

What form required for name change in SGO?

Postby Skippy » Wed Mar 25, 2015 4:01 pm

We're looking to change the name of our nephew, who we look after under an SGO. What form do I need to complete to apply to the court for leave to do this? Birth parents have refused consent, but there is no contact (at the insistence of the child).

I suspect that it would be a C100 form, but if that is the case, would we need to undergo mediation prior to making the request to the court?

I'm hoping that this can be done without involving a solicitor...

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ied53
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Re: What form required for name change in SGO?

Postby ied53 » Wed Mar 25, 2015 5:43 pm

Hi Skippy I pit it in our statement that I wanted to change the girls name and my reasons. Our bm contested so did the soc servs ( the told us the older had to change hers as she was named after her attacker !!). The court agreed and granted it. I have also heard of several carers who have been denied by the court. Under SGO regulations you cannot uses a known as name .How old is the child? If considered old enough this will carry a lot of sway.
We have half sisters with different fathers Oldest was named after her bf ( dismissed by court as not interested) and her step father ( attacker) younger had bm name.
We argued both should be same and as son had not been allowed by ss to be a birth registration so we asked for his name to be added to bm name ( double barrel) we changed the eldest to same bm surname and ours. She above all needed to belong to a family as to us she was a gift of a granddaughter. The name change was ordered by the court when SGO granted.
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

Skippy
Posts: 38
Joined: Mon May 13, 2013 5:01 pm

Re: What form required for name change in SGO?

Postby Skippy » Wed Mar 25, 2015 7:35 pm

Nine years old, and at the point at which the SGO was granted, we thought that there would be contact, but this hasn't happened. There is no chance of him ever returning home, and he is adamant that he doesn't want to see them again because of what they put him through.

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ied53
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Re: What form required for name change in SGO?

Postby ied53 » Wed Mar 25, 2015 10:02 pm

I would have thought he is old enough to voice but not sure legally if they agree that is the age to be able to legally voice own view. Are youmsuggesting a complete name change or just adding yours. I do believe the court are not happy with complete changes as wipes,out identity. Forgotmto mention with our eldest we put her bf name as an extra "middle"name so not,completely got rid,of
Irene

Grandparent carer in Lincolnshire

Tough times never last tough people do

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Suzie, FRG Adviser
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Re: What form required for name change in SGO?

Postby Suzie, FRG Adviser » Wed Apr 01, 2015 1:45 pm

Dear Skippy

Thank you for posting on the FRG Family and Friends Forum.

As ied53 said in her post applying to change the surname at the Special Guardianship Order is made is probably best. However, if you wish to make an application to change your nephew’s name you will need to use for C100 as you will be asking the court to make a Specific Issue Order to allow the change of name.

You may be aware that mediation is necessary prior to any application in private family law cases. Unless you fall into one of the exemptions mentioned on the family you will need to arrange an appointment with a family mediator to show that you have tried to mediate with the proposed respondents to your application.

Both the child’s mother and the father if he has parental responsibility will be respondents to the application. I have included our advice sheet relating to Special Guardianship Order for birth parents will give more information about what parents can expect.

The court will consider whether it is in the child’s best interest to make the order. The child’s welfare will be the court’s paramount consideration in dealing with the case.

You said that your nephew is 9 and wishes to have his named changed. The court may take the view that he is not of sufficient age and understanding to make a decision which is likely to affect him in the future. Whilst he might be angry now as he gets older his views may change towards his parents and he may wish to have contact. The court may not accept that his name should be changed only because there is no contact at present.

If you are able to show the court that it would be the best thing for him then it will be for the court to make the final decisions. As you do not wish to involve a solicitor you can make the application yourself and act as a litigant in person.

You may obtain further advice from Coram Children’s Legal Centre and you can access advice from their website or via their advice line 0300 330 5480. The advice line is open from 8.00 a.m. to 6.00 p.m.

Hope you will find this information helpful.

Best wishes,

Suzie


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