Sgo order

[Wiilizard]

Hi after some information? My granddaughter is with the martial grandparents under a sgo they has changed her name without dad’s permission it’s was only that the passport office had contacted him asking him to sign some paperwork that he found out that they had done this, they haven’t been to court and done this they have done this on the internet. They seem to be saying that they are doing this so the whole family can have the same name am I write in saying that what they have done is illegal Can this be taken back to court and if so what court paper would we need to get
Thank you

[Robin D]

They may have made an application to court and got approval. Social Services may have been involved in the decision. If not, what they may have done, might be unlawful rather than illegal. An unlawful act is one not approved by law, but not necessarily against the law, either. However, if an application was made and rejected by the court, it could be deemed contempt.

I take it dad is your son? He could seek a specific issue order or prohibited steps order. As the holder of a SGO, they will know they have full PR and can exercise that to the exclusion of others with PR, so they may have taken this power literally and truly believe they have acted in the best interests of the child. There are some reserved matters, and without checking I am unsure if name change is one of them. However, children travelling under a different surname attract attention, especially in my experience with overseas officials, and indeed when returning to the UK from our own passport control. If the child is old enough to express an opinion, then most would want to be 'part of the family' and not feel picked on because they are being treated differently.

Hopefully this can be resolved amicably between all those with PR, and then a specific issue order applied for by consent, if such order has not already been sought. If for instance Mum agrees, the maternal grandparents agree (SGO holder) and your son is withholding consent unreasonably, or even as an attempt to disrupt the placement, it makes everyone's life difficult. If the child is older, and you or he has meaningful contact, it would be an opportunity to discuss it with the child provided you stay calm and are not seen to be pressurising the child. He may find the child asked to change name , a lot do and from quite and early age in my experience. We had three foster children that were going to be long term and ultimately adopted. They all wanted to change their surname to ours when we moved and they changed school. They repeatedly told their social worker and in those days were given permission as it would help cement the placement.

You also do not say when the passport is to be used? An older child will resent loosing a planned holiday and will blame your son ...... for life!

If the passport office have yet to issue the passport, it could get more complex if a holiday is not to be spoilt. I don't think how they applied is relevant. The passport office is clearly aware who the child's birth father is, so it's not as if it was hidden. As I say, it may simply be a case of misunderstanding the position.

Everyone involved needs to focus on the needs, and if appropriate, wishes of the child because that is what a court would do. Sometimes, whatever side of an issue one sits, it can be painful .... but then we are the adults.

Suzie will I am sure come along soon with a better answer for you.

Best wishes .... Robin

[Jarrovian]

Hi after some information? My granddaughter is with the martial grandparents under a sgo they has changed her name without dad’s permission it’s was only that the passport office had contacted him asking him to sign some paperwork that he found out that they had done this, they haven’t been to court and done this they have done this on the internet. They seem to be saying that they are doing this so the whole family can have the same name am I write in saying that what they have done is illegal Can this be taken back to court and if so what court paper would we need to get
Thank you

They cannot change your grandchild's name on the passport without both parents written consent.
Although they have parental rights through the SGO, it is specifically stipulated that you cannot change the child's birth name without the written consent of both parents or a court order.
Gaining a court order is a long and expensive affair and if the parents have any role in the child's life would probably not be granted.

We applied to change our grandchild's name on a passport and were refused until we had either of the above. The father refused and we sought a court order which we were granted because of the fathers complete absence (over 8 years) from our grandchild's life.

[Suzie, FRG Adviser]

Hi after some information? My granddaughter is with the martial grandparents under a sgo they has changed her name without dad’s permission it’s was only that the passport office had contacted him asking him to sign some paperwork that he found out that they had done this, they haven’t been to court and done this they have done this on the internet. They seem to be saying that they are doing this so the whole family can have the same name am I write in saying that what they have done is illegal Can this be taken back to court and if so what court paper would we need to get
Thank you

Dear Wiilizard

Welcome to the kinship care discussion forum and thank you for your post.

My name is Suzie, online adviser at Family Rights Group and I have read your post and note your concerns that your granddaughter’s name has been changed without her father’s agreement. It appears he shares parental responsibility for his daughter as the passport office contacted him which means his name is on his daughter’s birth certificate.

You have had responses from 2 different posters giving you the benefit of their experience.

It is correct that a special guardian cannot change a child’s name without consent from persons with parental responsibility or a court order. If an application was made to the court then both parents would have been informed and would be able to let the court know their views on the change of name. I do not believe an order was made or this would have been sent to the passport office. It maybe that they obtained a change of name deed stating the name your granddaughter would be using but they are not entitled to do that as special guardians.

It is possible for your son to apply to the court for an order that the change of name cannot continue, this may be confusing for your granddaughter. Bear in mind that the court could agree to allow the change of name if it is in her best interests. The application would be made on form C100 for a specific issue order.

I suggest your son contact Child Law Advice on 0300 330 5480, they offer advice in respect of private law court proceedings if someone does not have a solicitor representing them.

Hope this is helpful

Best wishes

Suzie