What is the test for a parent seeking to change their child’s name?

Ontario, Canada


The following excerpt is from Roy-Bevington v. Rigden, 2017 ONCJ 730 (CanLII):

At ¶22 of Hermanson v. Kiarie, Sherr J. lists a number of factors to consider in determining whether a prohibition of a name change is in a child’s best interests. These factors, which I reproduce, can equally apply with some modification, to cases where a parent asks for an order resulting in the authority to make a name change application. The factors include: (a) Whether the proposed name change will exclude the name of the non-custodial parent. I would adapt this criteria to refer to the “other” parent; (b) The length of time a custodial parent has had sole custody of the child; (c) Whether there is a continuing close relationship between the child and the non-custodial parent. I would adapt this criteria to refer to the “other” parent; (d) Whether there would be any serious effect on the non-custodial parent. I would adapt this criteria to refer to the “other” parent; (e) Whether either parent has displayed any malice or improper motivation; (f) The age of the child and the weight to be given to the child’s wishes, in light of that age; (g) The length of time the child has had its name; and (h) The surnames of any siblings.

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