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kknapp21 · 09-06-2012, 17:56

My ex and I weren't married, but were together for about 5 years, we have a soon to be 5 year old daughter. He hasn't applied for gaurdianship of any sort and has no interest in her really. Is there a way to take his name off the birth certificate?

ken · 09-06-2012, 18:08

Simple answer is no, you cannot remove his name unless you can prove he's not the father.

**Ickle Magoo** · 09-06-2012, 18:15

Afaik, I don't think there is unless unless you can prove he isn't the father...info from Treoir HERE.

I appreciate you must be very angry and disappointed at your ex-partners lack of interest in your daughter but for your daughter's sake, I really wouldn't recommend removing or hiding her fathers identity.

All the best.

kknapp21 · 09-06-2012, 18:18

is there anyway then that I could change her last name to just mine? I really just want to take away all his rights.

**Ickle Magoo** · 09-06-2012, 18:23

You can change her surname officially via deed poll or just by common usage by registering at school, doctors, etc with the surname you want.

There are no added rights because the child has his surname - or rights lost if you change it.

kknapp21 · 09-06-2012, 18:46

Quote:

Originally Posted by Ickle Magoo

Afaik, I don't think there is unless unless you can prove he isn't the father...info from Treoir HERE.

I appreciate you must be very angry and disappointed at your ex-partners lack of interest in your daughter but for your daughter's sake, I really wouldn't recommend removing or hiding her fathers identity.

All the best.

Its not that I want to remove or hide who he is. My daughter is 4, soon to be 5, she knows who her father is, and always will. Its more so so that I can continue on with my life. I'm not irish, and I don't want him to have any rights that would stop me from leaving the country.

aujopimur · 09-06-2012, 19:28

He has no right to stop you leaving the country, but he does have rights to stop you removing the child.

mattjack · 09-06-2012, 19:33

Quote:

Originally Posted by Ickle Magoo

You can change her surname officially via deed poll or just by common usage by registering at school, doctors, etc with the surname you want.

There are no added rights because the child has his surname - or rights lost if you change it.

Do you not need consent of the father to change by Deed Poll ?

**Ickle Magoo** · 09-06-2012, 22:17

Quote:

Originally Posted by aujopimur

He has no right to stop you leaving the country, but he does have rights to stop you removing the child.

He has the right to apply for guardianship and access - he has no legal right to stop either leaving the country without.

Quote:

Originally Posted by kknapp21

Its not that I want to remove or hide who he is. My daughter is 4, soon to be 5, she knows who her father is, and always will. Its more so so that I can continue on with my life. I'm not irish, and I don't want him to have any rights that would stop me from leaving the country.

The surname gives him no rights - and changing her name would remove no rights...because in Ireland unmarried fathers have little to no automatic rights - the only thing his name on the birth cert does is assumes paternity. If he hasn't got and has no interest in guardianship and access, you have the legal right to apply for a passport for your daughter as sole custodian and leave the country.

You do need his consent to change her name by deed poll but you are free to start using your surname as hers and all her details other than her birth certificate will have your surname and her legal and legit name will be your surname.

Quote:

Originally Posted by mattjack

Do you not need consent of the father to change by Deed Poll ?

Yes. I was, possibly wrongly, assuming as he wanted nothing to do with his ex or child, that was unlikely to be an issue.

**Taltos** · 11-06-2012, 08:33

OP - if you are seeking a way to remove your child from Ireland without interference then the best we can really suggest here is to seek legal advice.

While he may be contributing nothing to her emotionally at a minimum he should be supporting her financial needs. Please don't just try to leave the state without making sure it is legal to do so as you will just open yourself up to a world of potential hurt.

T

miec · 25-06-2012, 13:09

Quote:

If he hasn't got and has no interest in guardianship and access, you have the legal right to apply for a passport for your daughter as sole custodian and leave the country.

I am afraid the situation is a little more complex than the above in relation to getting a passport for your child.

When I applied for a passport for my child I was required to get a signature by his Dad who had no contact with his child. As he did not sign the form I had to go through the family court to get a judge to sign on his behalf.

Op if you are planning on getting a passport for your child this can take a number of months to process so I would start the ball rolling soon. Also you have to prove that you tried to get your ex to sign the passport form, a registered letter from a solicitor will suffice. The cost of getting a court to sign the passport form was not too expensive thankfully (well at least it wasn't twelve years ago). Once you have the signed document you produce that every time you renew your child's passport. Good luck.

**Ickle Magoo** · 25-06-2012, 13:34

Quote:

Originally Posted by miec

I am afraid the situation is a little more complex than the above in relation to getting a passport for your child.

When I applied for a passport for my child I was required to get a signature by his Dad who had no contact with his child. As he did not sign the form I had to go through the family court to get a judge to sign on his behalf.

The OP can sign an affidavit according to the info on the passport office site and in their info notes HERE

rebecca 30 · 25-06-2012, 22:22

to get this affidavit, you need to go to a Justice of the peace and swear that the father has no involvement , assess ,right ,etc and they will sign the affidavit , you have to send this with the child's passport app , it cost €10-€20 for them to do this ( in Galway anyhow )

hairyprincess · 27-06-2012, 22:39

A Commisioner of Peace is not allowed to charge for witnessing the signing of an affidavit. http://www.citizensinformation.ie/en...issioners.html

Op, removing your childs fathers name is not going to make the slightest bit of difference in you moving on with your life. All it will serve to do is make your child feel bad to see a blank space where her fathers name should be, don't do that to her. Give her a name to look at, even is she has nothing else.

09-06-2012, 17:56	#1
kknapp21 Registered User Join Date: Sep 2006 Posts: 20 Adverts \| Friends	Can i take his name off the birth certificate? My ex and I weren't married, but were together for about 5 years, we have a soon to be 5 year old daughter. He hasn't applied for gaurdianship of any sort and has no interest in her really. Is there a way to take his name off the birth certificate? Last edited by kknapp21; 09-06-2012 at 18:01. Reason: wrong place

09-06-2012, 18:08	#2
ken Registered User Join Date: Aug 2010 Location: Newbridge Posts: 1,901 Adverts \| Friends	Simple answer is no, you cannot remove his name unless you can prove he's not the father.

09-06-2012, 18:15	#3
Ickle Magoo Ach, stick it up yer trakkens Join Date: Jan 2006 Location: Ragnar�kkr Posts: 15,770 Adverts \| Friends CMod: Personal Issues, Phobias, Soc, Soc Mods	Afaik, I don't think there is unless unless you can prove he isn't the father...info from Treoir HERE. I appreciate you must be very angry and disappointed at your ex-partners lack of interest in your daughter but for your daughter's sake, I really wouldn't recommend removing or hiding her fathers identity. All the best.

09-06-2012, 18:18	#4
kknapp21 Registered User Join Date: Sep 2006 Posts: 20 Adverts \| Friends	is there anyway then that I could change her last name to just mine? I really just want to take away all his rights.

09-06-2012, 18:23	#5
Ickle Magoo Ach, stick it up yer trakkens Join Date: Jan 2006 Location: Ragnar�kkr Posts: 15,770 Adverts \| Friends CMod: Personal Issues, Phobias, Soc, Soc Mods	You can change her surname officially via deed poll or just by common usage by registering at school, doctors, etc with the surname you want. There are no added rights because the child has his surname - or rights lost if you change it.

09-06-2012, 19:28	#7
aujopimur Registered User Join Date: Jun 2009 Posts: 2,642 Adverts \| Friends	He has no right to stop you leaving the country, but he does have rights to stop you removing the child.

11-06-2012, 08:33	#10
Taltos Moderator Join Date: Feb 2007 Location: In my head Posts: 5,857 Adverts \| Friends Mod: Personal Issues, PI Mods, Separation and Divorce	OP - if you are seeking a way to remove your child from Ireland without interference then the best we can really suggest here is to seek legal advice. While he may be contributing nothing to her emotionally at a minimum he should be supporting her financial needs. Please don't just try to leave the state without making sure it is legal to do so as you will just open yourself up to a world of potential hurt. T

25-06-2012, 22:22	#13
rebecca 30 Closed Account Join Date: Jul 2010 Posts: 131 Adverts \| Friends	to get this affidavit, you need to go to a Justice of the peace and swear that the father has no involvement , assess ,right ,etc and they will sign the affidavit , you have to send this with the child's passport app , it cost €10-€20 for them to do this ( in Galway anyhow )

27-06-2012, 22:39	#14
hairyprincess Registered User Join Date: Apr 2009 Location: a cottage on a hill beyond a river beside a tree Posts: 1,393 Adverts \| Friends	A Commisioner of Peace is not allowed to charge for witnessing the signing of an affidavit. http://www.citizensinformation.ie/en...issioners.html Op, removing your childs fathers name is not going to make the slightest bit of difference in you moving on with your life. All it will serve to do is make your child feel bad to see a blank space where her fathers name should be, don't do that to her. Give her a name to look at, even is she has nothing else.