Legal Question in Family Law in Australia
Name Change under 18yrs
My children would like to use my maiden name. The father would not give permission. Can we change it by useage only without his consent.
1 Answer from Attorneys
Re: Name Change under 18yrs
I refer to your recent enquiry. For as long as your children are under the age of 18 then under Australian Law you can simply use your maiden name for your children�s surname. Under Australian Law, the Father of the children has the right to object to that name being used but his remedy is to bring an Application for an Injunction in the Family Court to prevent you using that name. Each case is decided on its particular facts and the children�s association with their married name etc. At first instance however, there is nothing illegal about you having the children use your maiden name.
Yours faithfully,
Brett Hartley
Principal
Hartley Family Law Services
Accredited Family Law Specialist
Level 15, Brisbane Club Tower, 241 Adelaide Street, BRISBANE QLD Australia 4000
GPO Box 678 BRISBANE QLD 4001
Email: [email protected]
Web site: www.hartleyfamilylaw.com.au
Phone: +61 7 3220 1299
Fax: +61 7 3220 1277
Mobile: 0417 569 299
PRIVACY AND CONFIDENTIALITY NOTICE
The information contained in this email is intended for the named recipients only. It may contain privileged and confidential information and if you are not an intended recipient, you must not print, copy, save, distribute or take any action in reliance on it, the information in it or any attachments to it. If you have received this email in error, please notify us immediately by reply email or telephone on (07) 3220 1299 and delete the email, its contents and any associated attachments. You should also scan this email and any file attached for viruses. Hartley Family Law Services accepts no liability for any loss, damage or consequence resulting directly or indirectly from use of any attached file.