Adding Double Barrelled Name to Passport

mum.of.one

Ok
Have posted previously re: getting double-barreleed name added to a birth cert. I wrote to the ex (through a solicitor) asking to have my surname added to the birth cert. Ex took 7 months to reply and said No. As ex isn't in agreement I cannot get my name added (I am the mother).

After informing him I waited 3 weeks then started to use both names via common usage at school, doctors office, health insurance plan etc ( I was sole guardian at the time and also at the time he replied. He was since made Guardian). Our child's passport is due soon and I would like to see if I could get the surname added via this avenue.

My question is, if I have proof of having the double-barrelled name for 2 years prior, can ex be made to sign the form? I was of the belief that his agreement was the main priority but I have heard over the weekend that others have gotten the name added to the passport, if not the birth cert.

This would be such a relief!

Anyone knowing the legal stance on this, or anyone who has been through this, I would appreciate your replies.

Victor

Talk to the passport office.

I get the impression that these days they do "Paddy Murphy (On birth certificate as Patrick Murphy)" and "Patrick Murphy (Also known as Patrick O'Brien)" and such like.

ThreeLineWhip

You don't have to have the previous or birth cert name recorded on the passport.

Mr Simpson

Talk to the passport office. Your Ex doesn't have to sign it, and the only way to get around that is to get a court order removing his guardianship (that would be tough to get tbh)

mum.of.one

Thanks.
I spoke to the passport office and they said if I could show proof of 2 years with double-barrelled name then to come back to them. I will have this by the time it comes to apply. However as father is guardian I need his consent - which I know he won't give. Was wondering if a judge would be bothered hearing this or would they just say, sorry 2 signatures needed. I was hoping that with the 2 signatures, the fact I am childs custodian as well as guardian and have the 2 years built up that it would count for something? Not convinced though about a judge being willing to 'do' something about it. I have heard some saying they won't deal with it, while others saying in court that one guardian can't stop the other from using the double-barrel.
Would SO love to have both our names on there.....
I think the probelm isn't with the passport office, it;s with ex and he isn't know for being accommodating (or reasonable) unfortunately so unless a judge willing to overrule him I am stuck unfortunately....

mum.of.one

By the way MarkMc, why do you say my ex doesn't have to sign it? he's also a guardian now so should have to I thought...

Mr Simpson

mum.of.one wrote: »

By the way MarkMc, why do you say my ex doesn't have to sign it? he's also a guardian now so should have to I thought...

Sorry should have been clearer. Yes, you need his consent, but he doesn't have to give it if he disagrees with the name change

ThreeLineWhip

A court can step in and give consent if you chose to go that route.

Mr Simpson

ThreeLineWhip wrote: »

A court can step in and give consent if you chose to go that route.

That involves removing his guardianship, I can't imagine they will do that over a change in name

Pat Mustard

MarkMc wrote: »

That involves removing his guardianship, I can't imagine they will do that over a change in name

The court can dispense with a guardian's consent to a passport issue. It does not have to remove anybody as a guardian, and even if asked, it would not do so without a very good reason.

mum.of.one

Yes, I have heard of passport issues coming before the courts - usually it's because the guardian won't sign stopping the other guardian from leaving the country. IN these cases the judge rules and I am assuming, usually over-ruling the guardian who didn't want to sign. Guardianship rights are not affected by this.

What Im wondering is, does anyone know of someone going before a judge because a guardian won't sign due to the name change issue - I was wondering was there a 'usual' outcome in this, ie would most judges say "No. Im not getting involved in this" or "This guardian has clearly shown the name change has been in use, as is required to change name on passport so I am ruling in their favour" . . . Am hoping for the latter obviously!

Pat Mustard

mum.of.one wrote: »

What Im wondering is, does anyone know of someone going before a judge because a guardian won't sign due to the name change issue - I was wondering was there a 'usual' outcome in this, ie would most judges say "No. Im not getting involved in this" or "This guardian has clearly shown the name change has been in use, as is required to change name on passport so I am ruling in their favour" . . . Am hoping for the latter obviously!

I think that you are over-analyzing the situation. The issue is with consent. And a judge rarely has the luxury of choosing not to getting involved - it's his job to decide.

I suggest you get a solicitor and let him worry about all of the details.

mum.of.one

Hmm - I suppose if it was part of the application to the court then they'd hae to; I hadn't thought of that. I have just heard it brought up in court and a judge saying "Im not going to deal with that". Also Ive heard of another judge saying to one guardian that they couldnt stop the other from using double-barrel, so I guess like most things, it'll be down to the decision on the day. The only control i'd have is to make sure I get a good solicitor.... Hmm, lots to think about.