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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-18-2011, 12:03 PM
AA10 AA10 is offline
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Default Name Change Request - Help

I am currently preparing for Trial Management Conference in December. It's been over two years and we are still dealing with all aspects of separation and divorce. One thing I would like to be able to do is include my maiden name (which I have reverted back to) on my son (who's 6) birth certificate.
Here's the background. I have a daughter from a previous relationship (her name was hyphanted with my last name and her fathers....when I was about to marry I expressed that I either wanted to keep my last name. My soon to be spouse did not agree with that idea. I suggested hyphenating my maiden and married name and he still disagreed as his thoughts were that I would be made fun of. I really didn't care about that. I wanted my family namesake to still be recongized and maintain the outward social connection with my daughter and still have the sense of 'belonging' as a family in carrying the same last name.
At the time my soon to be spouse disagreed at both suggestions I advised that I would change the last name of my daughter. I would replace my maiden name with my married name and he was fine with that and signed the appropriate paperwork to do so.
Since we have separated and I have gone back to my maiden name, my daughter changed her name back and I would lilke to include my last name with my son. My ex refuses.
The first time I was in court the judge advised that many parents do this and that my request would most likely be granted. The past court date we had the same judge advised I would have to show how changing my child's name would be in his best interest.
So that confused me, however.
1) My ex had no problem in supporting it for my daughter when it suited him...doesn't that stand for something.
2) my son from time to time has indicated his last name to be the same as mine and his sisters, and he is a very sensitive child who always looks for approval, a sense of belonging and fitting in.

Has anyone gone through this issue in court, and succeeded and have any suggestions as to how I can prepare a rationale to the court in changing my son's name for his best interest?
Thank you, and sorry this is so long.
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Old 11-18-2011, 02:20 PM
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You apply to have the changes made and serve notice to any parties that should be notified (this information is outlined on the forms). He can choose to disagree if he wishes however it also clearly states in the application documents that if there is a disagreement on what last name the child will have they will automatically hyphenate the name alphabetically, but he would have to actively file against the changes.

The exception is if you have a court order or seperation agreement that strictly prohibits changing the child's name. Unless that is in place, there is nothing anyone can do to stop you from applying.

http://www.forms.ssb.gov.on.ca/mbs/s...ile/11156E.pdf
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Old 11-18-2011, 02:27 PM
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Quote:
Originally Posted by AA10 View Post
I am currently preparing for Trial Management Conference in December. It's been over two years and we are still dealing with all aspects of separation and divorce. One thing I would like to be able to do is include my maiden name (which I have reverted back to) on my son (who's 6) birth certificate.
You have not settled any issues regarding custody, access, and financial settlement and you are worried about name changes.

I wouldn't bring this into the court room or the judge is going to look at you with crossed eyes and possibly provide some "advice" on the priorities of the court.

I would settle matters with the other parent before even going forward with any name change recommendations or requests. You can raise the issue but, I wouldn't make it any priority for trial considering over 2 years you have not made any progress on settling matters. The judge is going to have enough to deal with.

Good Luck!
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Old 11-19-2011, 11:06 AM
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Thanks for your response, I wasn't aware of that in a name change. Much appreciated.
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Old 11-19-2011, 11:10 AM
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Actually we have had things settled on and off for the last year...the other party continues to change their mind. However when i proceeded with the name change paper work (not related to court) is when the other party decided that matter was going to be brought into the scenerio.

I am really not that concerned of much of it, as on paper or email or in a previous court settlement it appears that most items should be finalized....but the other party insists on court even after I have sent two emails to them and their lawyer about settling with in the last month.
So if it is something the other party wants to bring into the courtroom I just want to be prepared if the judge brings it up.
Thanks for your post.
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Old 11-19-2011, 11:20 AM
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Hi again, I am familiar with these forms when i followed through with the name change for my daughter. However I did look at the link that you posted and did not see where it states they would automatically hyphenate the two last names...this is what I'm looking to do.

Just wondered if you could point that out please...thanks
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Old 11-19-2011, 11:50 AM
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Hmm, just having another look and it is clearly spelled out this way for registering a child's name for the first time - ie: at birth, however it doesn't actually say that for older children as well.

If you look at the vital statistics act, though, you can apply to have the requirement for consent set aside to have the name amended.
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Old 11-19-2011, 07:29 PM
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Thank you blinkandimgone.
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Old 11-21-2011, 12:07 PM
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I wonder how eager a judge would be to set aside the need for consent for changing a childs last name. Our daughter informed me that her last name is going to change to her moms boyfriends last name soon. Our daughter is 5 years old.
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