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.


Asked on 7/07/02, 2:18 am

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

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Answered on 7/09/02, 2:22 am


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