In the matter of Seth and Zoe (Family) [2017] JRC 047A (21 March 2017)

In the matter of Seth and Zoe (Family) [2017] JRC 047A (21 March 2017)

Neither party established a compelling case for or against the change of surname based on the children's welfare. However, to promote the children's best interests, reduce parental conflict, and recognise the importance of both parents, the court ordered the children's surnames be changed to a double-barrelled form including both parents' surnames, to be used for all purposes unless otherwise agreed or ordered.

Citation
[2017] JRC 047A
Parties
Applicant/respondent: A (the father); Respondent/applicant: B (the mother)
Jurisdiction
Jersey
Judgment Date
21 March 2017
Procedural Posture
Family / Judgment on Cross Applications for Parental Responsibility, Contact, and Change of Children's Surname
Outcome
Specific issue order granted; surnames of Seth and Zoe changed to double-barrelled form including both parents' surnames. Prohibited steps order refused.
Legal Topics
Parental Responsibility, Change of Surname, Contact Orders, Prohibited Steps Order, Specific Issue Order
Family Law Children Law Parental Responsibility Change of Surname Contact Orders Prohibited Steps Order Specific Issue Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

A (the father)

Applicant/respondent

B (the mother)

Respondent/applicant

Procedural Posture

Family / Judgment on Cross Applications for Parental Responsibility, Contact, and Change of Children's Surname

Legal Issues

  1. 1 Whether the children's surnames should be changed from the father's surname to a double-barrelled surname including both parents' surnames
  2. 2 Whether a prohibited steps order preventing the change of surname should be made

Ratio Decidendi

Neither party established a compelling case for or against the change of surname based on the children's welfare. However, to promote the children's best interests, reduce parental conflict, and recognise the importance of both parents, the court ordered the children's surnames be changed to a double-barrelled form including both parents' surnames, to be used for all purposes unless otherwise agreed or ordered.

Court Disposition

Specific issue order granted; surnames of Seth and Zoe changed to double-barrelled form including both parents' surnames. Prohibited steps order refused.

Orders

  • The surnames of Seth and Zoe shall be changed from X to X-Y.
  • Both parents shall use the surname X-Y for all purposes connected with the children unless or until they agree otherwise or until further order of the Court.