Legal decision-making

Changing a child’s name

Children and young people have the right to preserve their name and identity. ‘Name’ includes the first name, middle name and surname listed on their birth certificate. These names are to be used in all official documents, including school enrolment.

If the child or young person prefers to be called another name or wants to legally change their name, talk to your caseworker. They’ll discuss the child’s wishes with all relevant parties. They’ll also seek input from community and cultural representatives if the child is Aboriginal or Torres Strait Islander.

If a child wishes to use a preferred name, this is fine if it’s part of the child’s approved Case Plan. If the child wishes to legally change their name, DCJ or the agency with parental responsibility must consent. They may approve an application for a legal change of name if there’s no sign the child is being forced into doing so and:

• they’re 12 years of age or older
• they’ve been assessed as competent to make an informed decision
• they’ve been in a stable long-term placement for at least two years
• there’s no plan to restore them to their birth family
• they’re fully aware of their identity.

Teenage marriage

All young people aged 16 to 17 need permission from a judge to get married. This permission is only given in exceptional and unusual circumstances.

Talk to your caseworker if the young person in your care wants to get married. The caseworker will get your views and those of the young people, their parents and other significant people. The caseworker must also contact DCJ for consent. If DCJ gives consent for the young person to marry, it will seek permission from the relevant court. If consent is not given, the young person has the same right as any other young person to seek permission from a judge to marry without parental consent.