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Hi Crispy,
Thought to post the section of the new bill. It has been passed but has not been enacted as of yet I believe it will happen as early as May. but point being the laws that will be changed are in force. So having said that here it is, the section that relates to your concerns. Please read through very carefully as you do have rights under the changes as well.
chapter 11
An Act to amend various Acts in relation to certain family law matters and to repeal the Domestic Violence Protection Act, 2000
Assented to May 14, 2009
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Change of Name Act
1. (1) The French version of subsection 3 (6) of the Change of Name Act is amended by striking out “forme prescrite” and substituting “formule prescrite”.
(2) The French version of subsection 3 (7) of the Act is amended by striking out “forme prescrite” and substituting “formule prescrite”.
2. (1) Section 5 of the Act is amended by adding the following subsection:
Same
(2.1) Where a person is declared under section 4, 5 or 6, as the case may be, of the Children’s Law Reform Act to be the mother or father of a child and obtains an order under section 6.1 of that Act changing the child’s surname, an application under subsection (1) by another person to change the child’s surname also requires the written consent of the person declared to be the child’s mother or father. (2) Section 5 of the Act is amended by adding the following subsection:
Same
(4.1) If the consent that cannot be obtained or is refused is the consent required under subsection (2.1), the application under subsection (4) may be made to the Ontario Court of Justice, the Family Court or the Superior Court of Justice.
Child and Family Services Act
3. Subsections 57.1 (3) and (4) of the Child and Family Services Act are repealed and the following substituted:
Restraining order
(3) When making an order under subsection (1), the court may, without a separate application, make a restraining order in accordance with section 35 of the Children’s Law Reform Act.
Same
(4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section.
Children’s Law Reform Act
4. The Children’s Law Reform Act is amended by adding the following section:
Corresponding change of surname
6.1 (1) Any person declared under section 4, 5 or 6, as the case may be, to be the mother or father of a child may apply to the court for an order that the child’s surname be changed to any surname that the child could have been given at birth under subsection 10 (3), (4) or (5) of the Vital Statistics Act.
Same
(2) An application under subsection (1) to change a child’s surname may be made at the same time that an application for a declaration under section 4, 5 or 6 is made.
Best interests of the child
(3) An order under subsection (1) changing a child’s surname may only be made if it is in the best interests of the child.
I would venture to interprete this as it is placing more restictions on some one wishing to do this. It would not allow for alot if some one is just choosing to be vindictive. I would also think that when they are saying best interests of the child what they are more considering are the reasons for a change. Is the change needed to escape something from the past with which a name change may protect the child from future harm caused from past events. Abuse criminal activity while extreme events but more like the rational behind it.
My personal experience is it is more the adults that have issue with names. I have one child and she uses her Dad's name I my maiden and my new spouse his own. She has never made a statement or concern over it. Nor the school and such. Guess I got lucky.
Thought to post the section of the new bill. It has been passed but has not been enacted as of yet I believe it will happen as early as May. but point being the laws that will be changed are in force. So having said that here it is, the section that relates to your concerns. Please read through very carefully as you do have rights under the changes as well.
chapter 11
An Act to amend various Acts in relation to certain family law matters and to repeal the Domestic Violence Protection Act, 2000
Assented to May 14, 2009
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Change of Name Act
1. (1) The French version of subsection 3 (6) of the Change of Name Act is amended by striking out “forme prescrite” and substituting “formule prescrite”.
(2) The French version of subsection 3 (7) of the Act is amended by striking out “forme prescrite” and substituting “formule prescrite”.
2. (1) Section 5 of the Act is amended by adding the following subsection:
Same
(2.1) Where a person is declared under section 4, 5 or 6, as the case may be, of the Children’s Law Reform Act to be the mother or father of a child and obtains an order under section 6.1 of that Act changing the child’s surname, an application under subsection (1) by another person to change the child’s surname also requires the written consent of the person declared to be the child’s mother or father. (2) Section 5 of the Act is amended by adding the following subsection:
Same
(4.1) If the consent that cannot be obtained or is refused is the consent required under subsection (2.1), the application under subsection (4) may be made to the Ontario Court of Justice, the Family Court or the Superior Court of Justice.
Child and Family Services Act
3. Subsections 57.1 (3) and (4) of the Child and Family Services Act are repealed and the following substituted:
Restraining order
(3) When making an order under subsection (1), the court may, without a separate application, make a restraining order in accordance with section 35 of the Children’s Law Reform Act.
Same
(4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section.
Children’s Law Reform Act
4. The Children’s Law Reform Act is amended by adding the following section:
Corresponding change of surname
6.1 (1) Any person declared under section 4, 5 or 6, as the case may be, to be the mother or father of a child may apply to the court for an order that the child’s surname be changed to any surname that the child could have been given at birth under subsection 10 (3), (4) or (5) of the Vital Statistics Act.
Same
(2) An application under subsection (1) to change a child’s surname may be made at the same time that an application for a declaration under section 4, 5 or 6 is made.
Best interests of the child
(3) An order under subsection (1) changing a child’s surname may only be made if it is in the best interests of the child.
I would venture to interprete this as it is placing more restictions on some one wishing to do this. It would not allow for alot if some one is just choosing to be vindictive. I would also think that when they are saying best interests of the child what they are more considering are the reasons for a change. Is the change needed to escape something from the past with which a name change may protect the child from future harm caused from past events. Abuse criminal activity while extreme events but more like the rational behind it.
My personal experience is it is more the adults that have issue with names. I have one child and she uses her Dad's name I my maiden and my new spouse his own. She has never made a statement or concern over it. Nor the school and such. Guess I got lucky.
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