Legally change last name?

Question

my sister and her darling son finally left his father. (verbally and emotionally abusive) they were only engaged so thankfully they didnt get married etc but her son took on his last name. now that they have left him and will never go back and trying to get him out of their lives, my sister would like to change my nephews last name to her last name.

so............how do we go about doing so without the father having to know (if possible) or having him sign anything?

Answer 1

(If you are in Australia)

You can ONLY change a childs name if BOTH parents agree, or by court order. If the child is over 12 years old they must also agree to the name change.

If you have to take the matter to court, the courts will make a decision based on what is in the best interest of the child.

If both parents have a relationship with the child, the chances are slim the courts will allow a name change.