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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Children with different surname



 
 
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  #21  
Old February 11th 08, 10:30 PM posted to uk.legal.moderated
Patrick Gosling
external usenet poster
 
Posts: 141
Default Children with different surname

In article ,
Invisible Man wrote:
If the children are minors nobody can take them out of the court's
jurisdiction (England and I believe Wales) without the permission of
both parents. I used to have to ask my ex-wife before I took mine abroad.


Disclaimer - I'm not a lawyer.

The best information I've been able to find indicates that it's "UK" rather
than "England+Wales".

-patrick.

  #22  
Old February 12th 08, 12:25 AM posted to uk.legal.moderated
Invisible Man
external usenet poster
 
Posts: 56
Default Children with different surname

Patrick Gosling wrote:
In article ,
Invisible Man wrote:
If the children are minors nobody can take them out of the court's
jurisdiction (England and I believe Wales) without the permission of
both parents. I used to have to ask my ex-wife before I took mine abroad.


Disclaimer - I'm not a lawyer.

The best information I've been able to find indicates that it's "UK" rather
than "England+Wales".

-patrick.

Before it got snipped I believe I started with "The last I heard:"

I am too busy to research properly but looks like Europe has got
involved in the meantime:

http://www.journalonline.co.uk/article/1002713.aspx

  #23  
Old February 12th 08, 12:35 AM posted to uk.legal.moderated
Humbug
external usenet poster
 
Posts: 178
Default Children with different surname

On Mon, 11 Feb 2008 12:20:06 +0000, Squeaks
wrote:

On Feb 11, 12:45*pm, Mike wrote:
On Mon, 11 Feb 2008 10:20:14 +0000, RobertL
wrote:

My wife kept using her maiden name after we married, but our (2 year
old) daughter has my surname. *This means that their two passports
have different surnames and no obvious link. *She was stopped entering
the UK by the iimmigration official who, quite reasonably, wanted an
explanation of how the child was connected to her.


I'm not at all sure that this behaviour by the immigration official
was reasonable. *It's not uncommon nowadays for a married woman to
choose to keep her own name and for children to be given one or other
of the parents' names. *My experience is that this practice is
becoming more widespread. *Thus it's likely that an increasing number
of mothers/fathers/children will have different names.

Mike.


Do I need the fathers consent to hyphernate the surname? Is this done
by Deed poll?


I don't think that the name of a minor can be changed by deed poll.

In any case, AFAIK the name on a minor's passport can only be the same
as that on the birth certificate.

BICBW.

--
Humbug

  #24  
Old February 12th 08, 01:25 AM posted to uk.legal.moderated
Humbug
external usenet poster
 
Posts: 178
Default Children with different surname

On Mon, 11 Feb 2008 19:30:07 +0000, Squeaks
wrote:

On Feb 11, 5:35*pm, Invisible Man
wrote:
Squeaks wrote:
I am getting married next month and will be taking my Husband's name.
My children both have their father's name (my ex husband)which I would
like them to keep. Will it cause problems travelling with children
with a different surname to me on the passport? If so, is there any
way around this ie hyphonating the name so they have my surname and
their father's surname? What are the legal implications and would I
need their father's permission?


The last I heard:
If you were married to the children's father when they were born he
automatically has "parental responsibility".
If this is the case then:
You could change their names but their father could object.
If the children are minors nobody can take them out of the court's
jurisdiction (England and I believe Wales) without the permission of
both parents. I used to have to ask my ex-wife before I took mine abroad.


Myself and my children are British with British passports but live in
Germany so do a lot of travelling back and forth to the UK. Their
Father is in the UK and still has parental responsibility.
My understanding (and the T&C's in a lot of holiday brochures upon
booking travel) is that if you were travelling with someone elses
children, you have to have in your posession a letter of consent from
the parents. You are also required to do this to visit some countries
with your children if the other parent is not accompanying you.


Is the father German? Is your fiance German?

I may be remembering this wrongly, but when my stepchildren and my
daughter were young, they were all eligible to have German passports
(which at the time were cheaper than British passports) so my German
wife decided that that was what they should have.

IIRC, Their German passports all had her maiden surname, as had hers,
although none of them had the same name as that on their birth
certificates.
When she had to renew her own German Passport, she found that she
could not change the name, because she hadn't been married in Germany
....

If you marry a German national in Germany, the rules about your name
and your children's names may be different.

The reason I asked this question in the first place is because I was
looking at a holiday brochure and to make a family it stated that you
had to send them family ID documents and in brackets it said passports
to prove that the children are your own.


I would never send my passport, or any of my children's passports, to
a supposed holiday company.

Wasn't there a feature on Watchdog recently about a holiday company
refusing "family" rates to an extended family of about 30 people
because they couldn't prove they were all actually related?

--
Streifendeminzbonbon

  #25  
Old February 12th 08, 02:30 AM posted to uk.legal.moderated
Humbug
external usenet poster
 
Posts: 178
Default Children with different surname

On Tue, 12 Feb 2008 01:30:08 +0000, Zhang DaWei
wrote:

On Tue, 12 Feb 2008 00:35:04 +0000, Humbug wrote:

In any case, AFAIK the name on a minor's passport can only be the same
as that on the birth certificate.


Not so. The names aren't the same in the case of my son (though his
birth certificate is a Chinese one, as is his passport.)


Maybe I should have said UK passport then. I can't tell what a Chinese
passport (or birth certificate) looks like.

--
Humbug

  #26  
Old February 12th 08, 02:20 PM posted to uk.legal.moderated
Martin Bonner
external usenet poster
 
Posts: 419
Default Children with different surname

On Feb 12, 12:35 am, Humbug wrote:
On Mon, 11 Feb 2008 12:20:06 +0000, Squeaks



wrote:
On Feb 11, 12:45 pm, Mike wrote:
On Mon, 11 Feb 2008 10:20:14 +0000, RobertL
wrote:


My wife kept using her maiden name after we married, but our (2 year
old) daughter has my surname. This means that their two passports
have different surnames and no obvious link. She was stopped entering
the UK by the iimmigration official who, quite reasonably, wanted an
explanation of how the child was connected to her.


I'm not at all sure that this behaviour by the immigration official
was reasonable. It's not uncommon nowadays for a married woman to
choose to keep her own name and for children to be given one or other
of the parents' names. My experience is that this practice is
becoming more widespread. Thus it's likely that an increasing number
of mothers/fathers/children will have different names.


Mike.


Do I need the fathers consent to hyphernate the surname? Is this done
by Deed poll?


I don't think that the name of a minor can be changed by deed poll.

In any case, AFAIK the name on a minor's passport can only be the same
as that on the birth certificate.


Adoption? Marriage? (of the 16 year old minor)

Apart from those exceptions, are you sure? I would be slightly
surprised. My understanding was that the law was fairly vague about
what name a passport could be issued in, the passport office just need
to be sure that the /right/ name is used (and to that end, they want a
documentary chain of evidence from the birth certificate to the
current name),

  #27  
Old February 13th 08, 09:40 AM posted to uk.legal.moderated
Patrick Gosling
external usenet poster
 
Posts: 141
Default Children with different surname

In article ,
Invisible Man wrote:
Patrick Gosling wrote:
In article ,
Invisible Man wrote:
If the children are minors nobody can take them out of the court's
jurisdiction (England and I believe Wales) without the permission of
both parents. I used to have to ask my ex-wife before I took mine abroad.


Disclaimer - I'm not a lawyer.

The best information I've been able to find indicates that it's "UK" rather
than "England+Wales".

-patrick.

Before it got snipped I believe I started with "The last I heard:"


Indeed - no criticism was intended.

-patrick.

  #28  
Old February 14th 08, 12:30 AM posted to uk.legal.moderated
David Raynes
external usenet poster
 
Posts: 2
Default Children with different surname

In article , lid
(Invisible Man) wrote:

*From:* Invisible Man
*Date:* Mon, 11 Feb 2008 17:35:05 +0000

Squeaks wrote:
I am getting married next month and will be taking my Husband's
name.
My children both have their father's name (my ex husband)which I
would
like them to keep. Will it cause problems travelling with children
with a different surname to me on the passport? If so, is there
any
way around this ie hyphonating the name so they have my surname
and
their father's surname? What are the legal implications and would
I
need their father's permission?

The last I heard:
If you were married to the children's father when they were born he
automatically has "parental responsibility".
If this is the case then:
You could change their names but their father could object.
If the children are minors nobody can take them out of the court's
jurisdiction (England and I believe Wales) without the permission
of both parents.

Not true. AND If someone other than a parent takes a child abroad (eg a grandparent
or a school teacher) it is wise to carry a letter of authority so to do, which
includes permission to allow medical treatment should it be needed. Port staff do
ask for such letters in the UK.

I used to have to ask my ex-wife before I took
mine abroad.




  #29  
Old February 14th 08, 12:30 AM posted to uk.legal.moderated
David Raynes
external usenet poster
 
Posts: 2
Default Children with different surname

In article , (Humbug)
wrote:

*From:* Humbug
*Date:* Tue, 12 Feb 2008 00:35:04 +0000

On Mon, 11 Feb 2008 12:20:06 +0000, Squeaks
wrote:

On Feb 11, 12:45*pm, Mike wrote:
On Mon, 11 Feb 2008 10:20:14 +0000, RobertL


wrote:

My wife kept using her maiden name after we married, but our (2

year
old) daughter has my surname. *This means that their two

passports
have different surnames and no obvious link. *She was stopped

entering
the UK by the iimmigration official who, quite reasonably,

wanted an
explanation of how the child was connected to her.

I'm not at all sure that this behaviour by the immigration

official
was reasonable. *It's not uncommon nowadays for a married woman

to
choose to keep her own name and for children to be given one or

other
of the parents' names. *My experience is that this practice is
becoming more widespread. *Thus it's likely that an increasing

number
of mothers/fathers/children will have different names.

Mike.


Do I need the fathers consent to hyphernate the surname? Is this

done
by Deed poll?

It can be.

I don't think that the name of a minor can be changed by deed poll.

Yes it can

In any case, AFAIK the name on a minor's passport can only be the
same
as that on the birth certificate.

Therefore wrong

BICBW.

--
Humbug




  #30  
Old February 17th 08, 02:55 PM posted to uk.legal.moderated
Traveller[_2_]
external usenet poster
 
Posts: 11
Default Children with different surname

"Squeaks" wrote in message
...
I am getting married next month and will be taking my Husband's name.
My children both have their father's name (my ex husband)which I would
like them to keep. Will it cause problems travelling with children
with a different surname to me on the passport? If so, is there any
way around this ie hyphonating the name so they have my surname and
their father's surname? What are the legal implications and would I
need their father's permission?


Squeaks: You should carry the children's passports plus (originals of):

- your own birth certificate
- the childrens' birth certificates (on which I presume you are named in
your first husband's surname?)
- your marriage certificate from your first marriage
- your decree absolute if your first marriage ended in divorce
- a copy of the court order granting you custody of the children
- your marriage certificate from your second marriage

With these documents you will be able to prove that you are in fact the
mother of the children. . It might also be an idea to consult your
solicitor about getting a paper drawn up, signed by your ex, giving you
permission to take the children outside the UK as you see fit.

T



 




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