Brad Pitt and Angelina Jolie’s daughter, Shiloh Jolie-Pitt, has made headlines for submitting a petition to a Los Angeles Court to legally drop her father’s surname “Pitt”. Angelina Jolie filed for divorce in 2016 after an incident in which she alleges Brad Pitt was violent and eight years later, the divorce is still not over. There have since been private child custody proceedings in the US and a multitude of applications over their assets, including their winery, Chateau Miraval.
Shiloh, who turned 18 earlier this year, is not the only one of their siblings to change their name. Shiloh’s siblings Vivienne, Zahara and Maddox have also reportedly and publicly used “Jolie”. However, Shiloh is thought to be the first to take steps to legally formalise her name change.
As an adult, Shiloh does not require parental consent to make an application to change her name. As is common in many jurisdictions, changing a child’s surname in England involves a specific legal process designed to protect the child’s best interests. The consent of all individuals with parental responsibility is required to make changes to a child’s name, or otherwise, permission from the court.
Cohabiting couples and blended families are becoming the fastest growing type of families in the UK, meaning there are an increasing number of children being born to parents with different surnames. Many choose to give the child a double-barrelled surname such as Jolie-Pitt. This can however present problems following a separation or divorce. If both parents agree to change the child’s name then they can do so through the deed poll or statutory declaration process without court intervention. If there is a dispute, forums such as mediation or family therapy can be a constructive way of exploring why the change of name is in the child’s best interests. If, however, the parents cannot agree then an application can be made to the family court for a Specific Issue Order. If the court grants permission for a child’s name to be changed, the normal deed poll process can then be followed.
When a court determines any issues regarding a child, the child’s welfare will be court’s paramount consideration and it must have regard to the welfare checklist. The court will carefully scrutinise the reasons given in support of an application to change a child’s name, any potential impact of the name change on the child, and the importance of the surname to the child’s identity. Reasons for a change of name often include a desire to maintain (or disassociate) the child’s connection with a non-resident parent or reflect cultural or religious heritage that the current surname does not represent. Other relevant factors might include protecting a child impacted by domestic abuse, or to address privacy concerns if the family is high-profile. Changing a child’s name can also be used to cement a new familial connection for adopted children.
The decision to change a child’s surname is often deeply personal and can be driven by a combination of practical, emotional, and social factors. It can be a difficult subject for parents to tackle – particularly in high conflict cases – so early legal advice is recommended to ensure the issue is approached in the best way possible.