Naming your child - What happens when parents can’t agree?

Associate Solicitor, Matthew Harcourt-Poole, explains...

I recently read an article about a couple in India who couldn’t agree on their child’s name, and had to ask the Court to intervene after a 3-year battle. The matter was dealt with by the people’s Court in India, known as Lok Adalat, who eventually decided what the child should be called on the parent’s behalf.

So, how would the Court in England and Wales deal with such an issue?

When parents can’t agree on a child’s name, mediation can be a helpful way to resolve the issue without going to court. Mediation involves a neutral third party who helps both parents discuss their concerns and work towards a solution. It provides a safe, structured environment to explore different options and find common ground.

If mediation doesn’t work, applying to the Court for a Specific Issue Order or Prohibited Steps Order is the next step. A Specific Issue Order is used to settle specific disagreements about a child’s upbringing, including naming issues. A Prohibited Steps Order can be used to prevent one parent from causing the child to be known by a certain name; for example, it could prevent them from registering the birth until such time as a determination has been made by the Court.

The court’s main concern when deciding such issues, is what is best for the child. Judges look at things like how the disagreement might affect the child emotionally, whether the name has any cultural or family importance, and what will provide the most stability for the child. If the child is old enough, the court might also consider their opinion. The judge’s decision will be final and legally binding, ensuring that the child’s name is chosen in a way that serves their best interests.

An application to Court should always be a last resort. At Lawson West we always strive to resolve disputes away from Court but can robustly represent clients through Court proceedings when necessary.

If you need any assistance with any family law matter, please call us on 0116 212 1000, or complete our free Contact Us form and we will get in touch as soon as possible.

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