If you find yourself in a situation where changing a child’s name is necessary but obtaining consent from the parents listed on the original birth certificate proves challenging, you may need to seek an Order from the Magistrates Court. Here’s a concise guide to help you through this endeavour.
Step 1: Initiating the Process
Begin by completing the Originating Application (Form 5), available on the court’s website. This form must be submitted in triplicate, accompanied by the required fee. You must ensure that your Application includes your name as the applicant, the names of the named parent(s) to be served (the respondent), and the child’s name and date of birth.
Step 2: Supporting Your Case
You will then need to compose a Supporting Affidavit (Form 46), also in triplicate. This document should provide crucial information about the reasons behind the desired name change. Be sure to include details about the child’s contact with the respondent parent, or the lack thereof, to substantiate your case.
You should also include other important factors that the Court may take into account when considering your Application. These factors are discussed further in another blog.
Step 3: Documenting the Basics
You will need to include a certified copy of the child’s birth certificate with your Application. This step is essential to validate the information and ensure a smooth process.
Step 4: Orders
Next, you will need to complete Form 59, also in triplicate. This form is designated for the subsequent stage of the process – the Orders. However, this form is to be formalised after the court event or when the Application is granted.
Step 5: Court Date and Fee
Upon filing your Application and paying the current filing fee, you will then be assigned a court date. During the court event, you will be asked about serving the Application to the respondent parent. Posting the Application is sufficient, and you may choose to swear and provide an affidavit of service or attempted service.
Step 6: The Magistrate’s Decision
If the Magistrate is satisfied with your Application, Orders will be made. Once signed and sealed, these Orders can be presented to the Registrar of Births, Deaths, and Marriages for the necessary changes to be made to the child’s birth record.
Accessing Forms
You will find the required forms – Form 5, Form 46, and Form 59 – on the court’s website under the Uniform Civil Procedure Rules 1999.
Navigating the legal intricacies of changing a child’s name without the consent of the parents listed on the birth certificate may seem daunting, but with the right documentation and adherence to the outlined process, it becomes a manageable endeavour.
Take the necessary steps, present your case diligently, and with a favourable court decision, you can proceed to update the child’s birth record through the Registrar of Births, Deaths, and Marriages.
Need help? Contact the Brisbane family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers in Brisbane.
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