Son of sex offender to retain his father’s surname rules judge

​Mr Justice Humphreys dismissed a legal bid by the teenager’s mother for him to become known instead by her name.

Based on a welfare assessment, he held that the requested change would not be in the boy’s best interests. Permission was however granted for his younger sister to make the switch.

The court heard that the children’s father has maintained little contact since separating from their mother five years ago. He was subsequently convicted of serious sexual offending and sentenced to a period in custody.

According to the mother of the boy and girl, referred to as GD and LD, the conviction has had a significant impact on both children. She argued it was not in their interests to maintain his surname.

Although the father had raised no opposition, court proceedings were issued amid issues over obtaining formal amendments to both birth certificates

Lawyers representing the mother applied for the changes to be made under Article 8 of the Children (Northern Ireland) Order 1995.

Despite recognising his mother’s wishes, GD made clear he wanted to keep his father’s surname.

At a meeting with the Official Solicitor’s office he stressed that it was how everyone knows him. “It’s my last name. I don’t want it changed... It’s not that it’s his last name. It’s my name,” the teenager stated.

His younger sister LD told the Official Solicitor she was in favour of changing her name.

The mother raised concerns her son was conflicted and may not fully understand the implications of his decision.

But Mr Justice Humphreys described him as a competent young man who gave a fair and reasonable explanation for his preferred course of action.

He set out legislative tests and requirements to carry out a welfare checklist in changing the surname of a child.

Both parents must also consent before any alteration is formally recognised at the General Register’s Office.

Dismissing the Article 8 application for the boy, the judge said his views had to be taken into account.

“It is apparent that GD has expressed a clear and reasoned view as to why he should retain his father’s name,” he stated.

“I am not satisfied, on the welfare analysis, that it would be in GD’s best interests for him to be known as his mother’s surname.”

Granting permission for the younger child to make the switch, he noted her desire to be aligned with her mother and held it was clearly in her best interests.

“The court orders that LD shall henceforth be known by her mother’s surname,” the judge confirmed.

A direction was issued for the girl’s father to sign any documents required to amend the register within 21 days of the verdict.

The judgment, delivered and published last month, is now expected to provide guidance for decision makers dealing with future change of name applications.

Mr Justice Humphreys added: “In carrying out this exercise, the court will take into account the expressed wishes and feelings of the child in question, if age appropriate, through the court children’s officer, the Official Solicitor or, in an appropriate case, the appointed guardian.”