Site icon Aletta Shaw

“What’s in a name? That which we call a rose, by any other word would smell as sweet.”

For countless movie fans, this is an eagerly anticipated time of the year with award ceremonies, such as the Golden Globe Awards held last month, the British Academy of Film and Television Arts (BAFTAS) and the Academy Awards to be held on 18 February 2024 and on 10 March 2024, respectively. Of these film ceremonies, the Academy Awards or Oscars (as they are popularly known) are the most renowned and awaited award ceremonies. But how did the Academy Awards receive its nickname, “the Oscars”? There are several theories but the most famous and widely accepted one is that Margaret Herrick, librarian, and president of the Academy said that the award statue resembled her Uncle Oscar.

For countless expectant parents, this too is an eagerly anticipated time awaiting the arrival of their babies. During this time, expectant parents make all manner of important decisions, none more so than choosing their child’s name. For some parents, choosing their child’s name is a personal decision, for example, giving their child a name to honor a loved one, such as a parent or other close family member. For some parents, choosing their child’s name is a less personal decision and can be influenced by say, their favorite actor, musician, or sports personality.

However parents choose their child’s name, their child can expect to grow up with their given name, but this is not always so. Some parents seek to change their child’s name, forename, or surname or both. There are many reasons why a parent chooses to change their child’s name, for example due to a separation or divorce, a desire for all children of a family to share the same surname or for protection or privacy reasons.

Changing a child’s name is an important issue, and therefore, it should be a decision made by both parents and permission must be given by both parents holding parental responsibility. So, what should you do if you are the parent who wants to change your child’s name, or if you are the parent who opposes a name change?

It sounds obvious, but try having a conversation with the other parent and explain your reasons for seeking or opposing a name change. You may be assisted by attending mediation and discussing the name change issue with a trained Family Law mediator.

If the issue cannot be resolved, you or the other parent can make an application to the court to decide. A parent seeking a name change will apply for a Specific Issue Order. A parent opposing a name change will apply for a Prohibited Steps Order.

Unless an exemption applies, the proposed applicant must attend a mediation information and assessment meeting (MIAM) with a mediator before issuing an application. In dealing with such an application, the child’s welfare is the court’s paramount consideration and the court must not make an order unless to do so is better for the child than making no order at all.

Given this welfare principle, whether you seek or oppose a name change, consider your reasons, and ask yourself whether those reasons are self-serving or whether they are in your child’s best interests.

Quang

15 February 2024