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Children’s names changed to protect them from abduction - January 2008

A mother has won the right to change her children’s surnames to reduce the risk of them being abducted by their father.

The family court was told that after the couple separated, the father wanted his two children to spend half the year with him in Mexico. The mother said that when she rejected the request, he started to seriously harass her and threatened to take the children away. However, the father then alleged that she had abused the children and that they were also at risk from her new partner. 

The mother moved to a refuge. A psychologist gave evidence that the father showed symptoms of a personality disorder and the children were at risk of being harmed if he had contact with them.

The court suspended the father’s contact rights and gave permission for the children’s surnames to be changed to protect them from the risk of abduction. The father appealed but the rulings have been upheld by the High Court.

The judge said the father’s threats to take the children had to be taken seriously. They needed stability and would suffer enormous stress if they were abducted so changing their names to reduce the risk would be beneficial for their welfare.

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