Guernsey Legal Resources

    Under the Domestic Proceedings and Magistrate’s Court (Guernsey) Law 1988, s.12(1), in resolving a dispute affecting the welfare of a child between persons having joint custody of the child, the court may make such order in respect of changing its surname as it thinks fit. It will—as it will in all cases of applications to change a child’s surname—have regard to the following considerations. The list is not exhaustive, and each case must be decided on its own facts, balancing all the relevant factors (Dawson v. Wearmouth, [1999] 2 A.C. 308, followed; Re W (A Child) (Illegitimate Child: Change of Surname), [2001] Fam. 1, dicta of Butler-Sloss, L.J. applied):

    (a) If the parents are married, they both have the power and duty to register their child’s name; if not, the mother has the sole duty and power to do so.

    (b) If either parent wishes to change the child’s surname from that which was registered at birth, the other parent must give relevant written consent, or the leave of the court must be sought in relation to such an application. In any case, the welfare of the child is paramount, and the court will have regard to the criteria in s.1(3) of the Children Act 1989. It should also have regard to the registered surname of the child, and the reasons why that surname was chosen in the first place, though the weight to be given to this consideration depends on other relevant factors or valid countervailing reasons, such as a change in circumstances in relation to the child since the original registration and factors which may arise in the future.

    (c) Whether the child’s surname matches that of the parent with care of the child is not generally a weighty factor, though the reasons for a previous, unilateral decision to change a child’s name may be relevant. Where the child’s parents had been, or are, married, there would have to be strong reasons to change the surname from the father’s surname if the child had been so registered. If the child’s parents were not married, the degree of commitment of the father to the child and the quality of contact, if it occurs, between the father and the child should be taken into account.

    (d) Although parental responsibility is not a legal concept in Guernsey, custody of a child is; it should be taken into account together with the care and control of the child.