Family Rights Group | Kinship carers’ Forum

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...

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.

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