Can I change my child’s surname after separating from their parent?

Changing a child's registered surname in Malta generally requires either the agreement of both parents holding parental authority, or, where agreement cannot be reached, authorisation from the Civil Court (Family Section), since a child's name is considered a matter falling within parental responsibility under the Civil Code, Chapter 16 of the Laws of Malta, and Maltese law does not generally allow one parent to unilaterally change a child's surname simply based on primary custody or day-to-day care, precisely because it affects the other parent's relationship and connection to the child as well. If your ex does not agree to the surname change, you would need to formally apply to the court, which would then assess whether the change is genuinely in the best interests of the child, considering factors such as the child's own views if old enough, the practical reasons behind the proposed change, and the impact on the child's relationship with both parents and their sense of identity. Given that a surname change without proper agreement or court authorisation could later be challenged or reversed, it is important to pursue this through the correct legal channel from the outset, and a family lawyer can advise on both the realistic prospects of such an application and the correct procedure to follow given your specific circumstances.