Family Law
Purpose:
This policy sets out the criteria to be met to enable the name of a student to be changed on school/college records.
Policy: School/College documents in relation to students under the age of eighteen must be consistent with the name of the student on the birth certificate. A student's name cannot be change d at the time of enrolment or at other times unless one or more of the criteria listed in the procedures section of this policy are met.
Definitions: Nil
Procedures:
1. A Principal may enrol students under an alternative name or change existing records to indicate the new name if one or more of the following conditions are met:
1.1 |
signed consent from both parents indicating approval to use the new name is provided; |
1.2 |
a court order is provided authorising the use of a new name; |
1.3 |
a statutory declaration is provided by the enrolling parent indicating that the child has had no contact with the other parent and his or her whereabouts are unknown. (While there is no specific legal requirement regarding the period of time, it is considered advisable and in keeping with established practice to apply a five year time span for non contact with the other parent); |
1.4 |
a birth certificate has been issued in the new name; |
1.5 |
proof of adoption has been issued in the new name; |
1.6
|
the Department of Community Services (NSW) or the Department of Family Services (ACT) is responsible for the care of the child and the department indicates the use of a new name for the child is appropriate; |
1.7 |
evidence is provided that the parent and/or any child are subject to witness protection or some other similar scheme designed to ensure their safety and that the use of a new name for the child is necessary to maintain the safety and well being of the parent and/or child; |
1.8 |
a signed consent from one parent and proof that the other parent is deceased. |
2. Students aged 18 years or more are entitled to be enrolled in whatever name they choose.
Note: The Family Court of Australia recognised in Chapman v Palmer (1978) FLC 90 – 510 that a child may initiate to have the ability personally to bring about a situation where he or she is known by a surname of his or her choosing. This is more likely where the child is approaching 18 years.
Principals, particularly for older students, should ascertain the child's wishes before effecting any name change on school records.
References:
N/A
Forms:
Nil |