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Research in Other Countries => Australia => Topic started by: klmadz2301 on Wednesday 17 January 18 03:23 GMT (UK)

Title: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 03:23 GMT (UK)
Hi all

Im posting this in the Australia forum, because it is regarding my Australian ancestors.

I was just wondering if it was common practice when a mother remarried, for the children from the first marriage to take the surname of the second husband.

My ancestors John Richard Thompson married Caroline Agnes Geale in 1897 in Temora, New South Wales. They had two children, Thomas Henry and Arthur James. John was granted a divorce from Caroline in 1904-1905 on the grounds that Caroline committed adultery. Caroline remarried Harold T Gaffey some time after. Caroline and Harold had three kids together: Ellen, Alfred and Alexander (all mentioned in this post have passed away).

Arthur James Thompson/Gaffey is my great grandfather. When I originally started this line, I thought that John Richard Thompson had passed away and that is why Arthur and his brother Thomas had taken on the surname Gaffey. But that wasn't the case. I just wanted to know, if it was common for children from a first marriage, to take on the surname of the second husband, even if the first husband is still alive at the time of the second marriage? Wouldn't John Richard Thompson have had to have some say in whether his sons names stayed Thompson or changed to Gaffey?

The family line from Arthur down, used the surname Gaffey, and the family is researching that line, despite Thompson being the blood line.
Title: Re: Divorce and Name Change for Children
Post by: cando on Wednesday 17 January 18 03:46 GMT (UK)
Not unusual.  Actually had this situation in extended family and the children of the person's first marriage used the second husband's surname.  The first husband was still alive at that time.  He married again and I understand there were several children.  I didn't research this as it was a bit 'twiggy' for my tree.

Perhaps in your situation it sounds like the second husband was supporting the chn from his wife's first marriage.

Cando
Title: Re: Divorce and Name Change for Children
Post by: cando on Wednesday 17 January 18 03:52 GMT (UK)
The decree nisi was in 1905.  The petitioner prayed for a divorce ::)
http://nla.gov.au/nla.news-article14672114

And absolute in 1906
http://nla.gov.au/nla.news-article114228195

Cando

Edit to add 1906 item
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 03:53 GMT (UK)
I haven't researched the situation completed, but I do know that John Richard Thompson went off to fight in WW1 as I have found his army transcripts and records, etc. I do know that, from the Trove database, (i seriously love Trove), that Arthur, the second son, was in a lot of trouble throughout his life but my mother has told me that he was a wonderful grandfather. My grandmother hasn't got nice things to say about him though. But both my grandmother and my mother have said that they had no idea about his criminal background until i stumbled across the newspaper articles.

I haven't found anything to support it yet, but would it have been an official name change? If it was an official name change, wouldn't the father have had to agree to it? Arthur went by Gaffey his whole life after his name change. He never went back to Thompson, which is why i asked if it was official.
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 03:54 GMT (UK)
I'm going to guess that in that time, adultery was a good excuse for a divorce???
Title: Re: Divorce and Name Change for Children
Post by: cando on Wednesday 17 January 18 03:56 GMT (UK)
Doubt there would have been an official name change.  There are those on the board who are far more knowledgeable about name changes than I am. 

Cando
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 03:58 GMT (UK)
Thanks Cando for you help.

Just one of those things i discovered and wondered about. Now days to change a child's surname, it has to be official because you have to supply a birth cert for everything, but i wasn't sure if it was the same in the early 1900's.
Title: Re: Divorce and Name Change for Children
Post by: majm on Wednesday 17 January 18 04:05 GMT (UK)
No need for official paperwork to change name.  Best to remember children became known by MUM 's  surname ... so if mum has a new partner she becomes known by his surname so the children with her become known by that surname ... if that domestic relationship changes then children may experience several surnames during childhood.  Birth certs in NSW did not have surname of baby recorded on them until 1969.   

JM
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 04:23 GMT (UK)
Thanks JM

As i said, something i was just curious about :)
Title: Re: Divorce and Name Change for Children
Post by: wivenhoe on Wednesday 17 January 18 06:00 GMT (UK)

".. John was granted a divorce from Caroline in 1904-1905 on the grounds that Caroline committed adultery...".

What is in this file?. Possibly John Richard THOMPSON had reason to doubt that the two boys were his sons.  Who else is named.

found -
Evening News 7 Mar 1905 p5
https://trove.nla.gov.au/newspaper/article/112747602?
....George MADDEN......
Title: Re: Divorce and Name Change for Children
Post by: cando on Wednesday 17 January 18 06:36 GMT (UK)
Already on the thread in a different newspaper ;).  Reply#2 which I edited and added the 1906 item as well.

I did a quick search at NSW Records and couldn't find a file.  Someone else may be more successful.

Cando
Title: Re: Divorce and Name Change for Children
Post by: majm on Wednesday 17 January 18 06:49 GMT (UK)
 :) :)

Possibly
 #5188
1904
THOMPSON John Richard Petitioner
THOMPSON Caroline Agnes Respondent
Index names a co-respondent.  (ADD, different name from newspaper cutting)

https://www.records.nsw.gov.au/search_form?id=16

JM
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Wednesday 17 January 18 15:46 GMT (UK)
The co-respondent surname is different in the newspaper to the divorce index. Could the newspaper have been a typo? What would i expect to find in the file if I order it?

I might have to talk to my mum and see if her grandfather ever mentioned John, or anything to do with the divorce.
Title: Re: Divorce and Name Change for Children
Post by: rosball on Wednesday 17 January 18 21:53 GMT (UK)
Hi Klmadz,
   The divorce file should contain a marriage cert and details of the adultery and details of the children.
I can photograph it for you next time I am at archives office if you wish.

Ros
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Thursday 18 January 18 01:51 GMT (UK)
Ros thank you. That would be absolutely wondeful. No rush at all. Being in WA makes it a little harder for me with most of my Australian ancestors being on the other side of the country.

You are a gem. Thank you :)
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Thursday 18 January 18 03:18 GMT (UK)
Ros - I will send you a PM with my email address. thank you again :)
Title: Re: Divorce and Name Change for Children
Post by: wivenhoe on Thursday 18 January 18 06:31 GMT (UK)

Harold T GAFFEY m. Caroline H GEALE  18 May 1906

birth
GEALE          Ellen C M 10 Mar 1906
THOMPSON   Ellen C M 10 Mar 1906         

Was Harold GAFFEY the father of Ellen?

Gloucester Advocate 12 Aug 1905
https://trove.nla.gov.au/newspaper/article/156568699?

This seems to be a rather convoluted tale about the domestic dramas involving Caroline /Carrie THOMPSON and her family.......

I think the divorce file will be useful to you.
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Thursday 18 January 18 13:14 GMT (UK)
Hi Wivenhoe

Harold and Caroline went on to have three children together, a daughter and two sons. I haven't had a chance to continue researching Caroline and all her dramas on Trove yet (school holidays are a nightmare). Thank you for the extra information. I will have a proper look when i get a chance.

On a side note, is Carrie a common nickname for Caroline?
Title: Re: Divorce and Name Change for Children
Post by: klmadz2301 on Friday 19 January 18 08:32 GMT (UK)
Thanks to Ros for getting me the divorce file. I owe you big time.

I haven't had a chance to read it all yet as I have just finished downloading it, but on the third page, not only does John petition for the divorce, he also petitions for the custody of his two sons. I will have to read the rest of the file after dinner but at least we know he still wanted to be in his son's lives and that he wasn't questioning the paternity. Caroline was certainly an entertaining woman from the letters that we included in the file.

Thank you again Ros :)