Dawson v Wearmouth

Changing a child's surname is a serious matter, and the court should not allow it unless there is evidence that it would lead to an improvement in the child's welfare.

Citation

[1999] 2 AC 308

Court

House of Lords

Year

1999

Subject

Family Law

Topic

Private law disputes about children and child abduction

Facts

Ms Dawson had a son with Mr Wearmouth, to whom she was not married. She registered the child with the surname of her former husband, Dawson, which was also the surname of her other children, so that the family would all have the same name. Mr Wearmouth applied for an order that the child's surname be changed to his own. The judge granted the order, but the Court of Appeal set it aside.

Legal principle

The House of Lords dismissed Mr Wearmouth's appeal. Lord Mackay said that a child's surname is a matter of importance, and that the welfare principle applied to an application to change it. A change of surname should not be ordered unless there is evidence that it would lead to an improvement from the point of view of the welfare of the child. The child's registered surname was a relevant and important factor. Here, there was no evidence that the change would benefit the child, and the mother's choice of name, shared with her other children, was understandable.

Related cases on private law disputes about children and child abduction

• Re B (A Child) (Residence: Biological Parent) [2009] UKSC 5, [2009] 1 WLR 2496
• Re C (A Child) (Immunisation: Parental Rights) [2003] EWCA Civ 1148, [2003] 2 FLR 1095
• Re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51, [2007] 1 AC 619
• Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144
• Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
• Re G (Children) (Residence: Same-sex Partner) [2006] UKHL 43, [2006] 1 WLR 2305
• Re J (A Child) (Custody Rights: Jurisdiction) [2005] UKHL 40, [2006] 1 AC 80
• Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision) [2000] 1 FLR 571

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