Practice Direction (Minor: Change of Surname)

Queen’s Bench Division of the High Court
24^th May 1976

1.  (a) Where a parent has by any order of the High Court or county court been given custody or care and control of a child and applies to the Central Office, Filing Department, for the enrolment of a deed poll to change the surname of such child who is under the age of 18 years (unless in the case of a female, she is married below that age), the application must be supported by the production of the consent in writing of the other parent.  (b) In the absence of such consent, the application will be adjourned generally unless and until leave is given to change the surname of such child in the proceedings in which the said order was made, and such leave is produced to the Central Office.

2.  (a) Where an application is made to the Central Office, Filing Department, by a parent who has not been given the custody or care and control of the child by any order of the High Court or county court for the enrolment of a deed poll to change the surname of such child who is under the age of 18 years (unless in the case of a female, she is married below that age), leave of the court to enrol such deed will be granted if the consent in writing of the other parent is produced or if the other parent is dead or beyond the seas or despite the exercise of reasonable diligence it has not been possible to find him or her or for other good reason.  (b) In case of any doubt the Senior Master or in his absence the practice master, will refer the matter to the Master of the Rolls .  (c) In the absence of any of the conditions specified above, the Senior Master or the Master of the Rolls, as the case may be, may refer the matter to the Official Solicitor  for investigation and report.

3.  These directions are issued with the approval of the Master of the Rolls.

I.H. Jacob
Senior Master of the Supreme Court
24^th May 1976