Change of surname - Adding the fathers

[toronto_father2]

Hope you are all doing well.

Ive done some searching on the forum and found some items in regards to change of surname....I have seen other items and opinions by judges on here but I cant seem to locate them, if anyone can add to this list please do I`m working on a motion and would like to add all I can.

Question: When siting these items for a motion, how do you include them. Do you have to print out the cases for the Affidavit or just list the cases and the judge looks them up?

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 childā€™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. 2009, c. 11, s. 4.


Garland v. Brouwer
CanLII - 2011 ONSC 6437 (CanLII)


http://www.ottawadivorce.com/forum/f...09/index3.html

[firhill]

There are a few threads amongst these

[dinkyface]

It would have to be done in Superior Court. Our judge at the Ontario Court had to look into it and determined that he did not have jurisdiction on this matter. It seems there are few lawyers or even judges who know what's what in this area.

That said, you could try at Ontario Court, and if the judge puts some pressure on (helping you) then you may get consent from your ex.

[wretchedotis]

Question: When siting these items for a motion, how do you include them. Do you have to print out the cases for the Affidavit or just list the cases and the judge looks them up?

I would include them in a seperate 'schedule' to be referred to.

Always best to make all the details within arms reach.

But what do I know?

[toronto_father2]

There are a few threads amongst these

I`m not sure why but I cant seem to click on your link to follow it to the forum page.

[firhill]

I`m not sure why but I cant seem to click on your link to follow it to the forum page.

Try here. I searched "surname"

Sorry, I must have messed up the first link.

Mods, feel free to edit link in earlier post just in case someone else clicks on it. Thanks.

[mcdreamy]

In Ontario, focus on:

Herniman v. Woltz, 1996 CarswellOnt 985 (Ont. Gen. Div.)
Harris v. O’Grady, 1989 CarswellOnt 307 (Ont. Dist. Ct.)
Lyon v. Lyon, 2004 CarswellOnt 1571 (S.C.J.)
Nykilchyk v. Nykilchyk, 1994 CarswellOnt 415 (Ont. Gen. Div.)
Belisle v. Poole, 1994 CarswellOnt 372 (Ont. Gen. Div.)
Zho v. Chen, 2000 CarswellOnt 4466 (S.C.J.)