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Can you Prevent, Stop or Reverse a Child’s Name Change

How do you go to Court to get an Order about a Child’s Surname 

If you wish to obtain a Court Order to either:

  • change a child’s name; or
  • enforce the name appearing on the Birth Certificate; then

you can make an Application to the Federal Circuit Courtof Australia (part of the Family Court of Australia).

You will need to file in Court, both an Application as well as an Affidavit in support (this will not be your Final Hearing Affidavit, but an Interim Affidavit).

Your Affidavit will state all of the facts and circumstances relevant to the matter, including each and every fact, matter and circumstance on which you wish to rely and bring to the attention of the Court.

We have a separate information sheet which explains how to prepare a good Affidavit in our How to Represent Yourself Section.

Change of a Child’s Name – More Information

 



If the other parent has started using another name for your Child or you are concerned they may start doing so, then the information in the following 2 separate information sheet will be helpful to you:

 

If you have to appear in Court in relation to an Application about change of a Child’s name then you will need to know what sort of information the court wants to know and what factors will influence the decision the Court will make. This is fully explained in our information sheet What are the matters Considered by the Court when making an Order as to a Child’s name.

Pages in the Child’s Surname Section

 

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