SA Civil and Administrative Tribunal refuses to allow children of sex offender to change their last names

Two kids of a jailed child-sex offender want to change their last name – but an SA tribunal has refused, saying they might still forgive him.

The children of a convicted sex offender had been refused permission to change their last names to their mother’s after a tribunal found there was a chance the family could “forgive” him after his release from prison.

The SA Civil and Administrative Tribunal heard an application from the mother of two children – codenamed NWS and KKP in court documents – to change their last names.

However, the father of the two children, serving a prison sentence for the sexual abuse of an eight-year-old boy as well as possessing child exploitation images of the child, opposed the application.

Tribunal senior member Neil Rainford heard evidence from the mother she had concerns the children would be bullied and suffer if they were linked to their father’s offending.

The father, who is hoping to be paroled at some point this year, said he intended to resume regular contact with his two children after he is released.

“As he is their biological father, the (father) states that in any event there will always be a connection between him and the children which cannot be expunged,” Mr Rainford said in his published judgment.

Both children were interviewed by the tribunal in the absence of their parents.

The 11-year-old said he was aware his father was in jail for “doing bad stuff to a child”.

The child and his mother had agreed not have anything to do with the father after his offending.

The 13-year-old said he wanted to change his last name because it would be “safer not to be associated with my father given his previous behaviour”.

Both children said they had told close friends about their father’s offending and had not been bullied.

The tribunal accepted both children were “continuing to function and develop naturally both at home”.

Mr Rainford concluded the mother was behind the children’s drive to change their last names.

“I consider that the (mother’s) desire to change the last name of the children is a result of the perceived shame and stigmatisation she thinks may result from the respondent’s behaviour,” he said.

“There is however no evidence to suggest that this is occurring art the present time or that (the father’s) forensic behaviour is adversely affecting the children’s lives or development such that it would be in their best interests to change their names as proposed.”

Mr Rainford said the old adage “blood is thicker than water” remained apt and there was always the chance “future forgiveness and reconciliation” between the father and his children.