C (otherwise McC) v. C [2002] ScotSC 92 (26th March, 2002)

C (otherwise McC) v. C [2002] ScotSC 92 (26th March, 2002)

It is inappropriate for one parent to unilaterally change a child's surname without the other's consent unless there are overwhelming reasons; in this case, no such reasons existed. The child should revert to his original surname, and future changes require both parents' agreement. Attendance at catechism classes is reasonable and does not require the defender's specific consent.

Citation
[2002] ScotSC 92
Parties
Pursuer: C (otherwise McC); Defender: C
Jurisdiction
Scotland
Procedural Posture
Divorce and Specific Issue Orders / Judgment After Proof
Outcome
Decree of divorce granted; specific issue order granted in favour of defender regarding surname; specific issue order regarding catechism classes refused.
Legal Topics
Divorce, Parental Rights and Responsibilities, Change of Child's Surname, Religious Upbringing of Child
Family Law Child Law Divorce Parental Rights and Responsibilities Change of Child's Surname Religious Upbringing of Child

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

C (otherwise McC)

Pursuer

C

Defender

Procedural Posture

Divorce and Specific Issue Orders / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer was entitled to unilaterally change the child's surname without the defender's consent
  2. 2 Whether the child should continue to attend catechism classes without the defender's specific consent

Ratio Decidendi

It is inappropriate for one parent to unilaterally change a child's surname without the other's consent unless there are overwhelming reasons; in this case, no such reasons existed. The child should revert to his original surname, and future changes require both parents' agreement. Attendance at catechism classes is reasonable and does not require the defender's specific consent.

Court Disposition

Decree of divorce granted; specific issue order granted in favour of defender regarding surname; specific issue order regarding catechism classes refused.

Orders

  • Divorces the pursuer from the defender.
  • Orders that M J C, born 12 August 1996, should continue to be known by the surname C and that, until he reaches sixteen years, his surname should not be changed without the defender's consent.