Frequently Asked Questions
Q: My son's school refuses to register him with my name but his father is estranged from us. What can we do? I don't want to get a new passport for him.
A change of surname require either the father's approval, or court permission, and in your circumstances a court is very likely to give that permission. Because of your son’s age, and the absence of any relationship with his father, a court is likely to see the formal adoption of the surname which has been in use for some time, and which he will recognise, as being in his interest.
The issue of an Australian passport for a child requires parental consent. However, if that consent is not available, as in your case, or is refused, the court does have the power to permit a child to leave Australia.
You will have to seek the Court’s approval for both steps you wish to take, but do not expect major problems.