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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 10-02-2009, 10:09 PM
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When I gave birth 8 years ago I did not include the father's information. in our 2005 court order I agreed to amend the registration and add his information. I did not agree to change her last name. Is there anything that "forces" me to now consider changing her last name? I thought there was a Supreme Court ruling a number of years back about this issue, but can't find anything and now her father is pushing the issue.

Any ideas?
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Old 10-02-2009, 10:35 PM
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If you have sole custody, you can change your childs name to anything you want, any time you want.

If he has access, you have to send him notification of the change. There is a proper form and it has to be sent via registered mail.

If you have joint custody, you cannot change the childs name without his permission.

You cannot be forced to change the childs name, and if he wasn't there at birth, you have the right to choose the name.

In addition, if your child is a female, and he pursues this in court, he will be viewed as being 'unreasonable', his application will be dismissed, and he will have to pay your court costs

Changing Your Name - Ontario.ca
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Old 11-10-2009, 10:43 PM
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Other provinces have different laws. Where do you live?
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