For example, if a mother has a child living with her and she re-marries, she may wish to have the child name changed to match her new name. This may or may nor be possible depending upon circumstances and the views of the other parent.
When a residency order is in place
There will automatically be provision within the order to prevent the child's name being changed without the express permission of the other parent and the court.
Where there is no order in place
In theory, one parent has the automatic right to change the name of the child, as he or she has parental responsibility independently and separately of the other parent. However, the other parent also has the same rights and can exercise the right to apply for a specific order under section 8 orders to object to the change. If all parties are happy for the name change then this may proceed. If an objection is made then the courts will make a decision based upon the best interests of the child.
Child makes their own application to change surname
An older child may apply for a change of name themselves. The courts will again make a decision based upon the child's best interests. It may be that the child has such strong feelings for making the application that the courts will consider this to be of paramount importance and therefore, in the best interests of the child and will allow the change.