What is the test for obtaining consent to change a child's name?

Saskatchewan, Canada


The following excerpt is from Ermel v Munroe, 2014 SKQB 168 (CanLII):

In support of her application the mother referred to Vanderlinde v. Bohn, 2003 SKQB 503, [2004] 5 W.W.R. 398. In that case the court clarified that in deciding whether to dispense with consent, the applicant holds the onus to prove that there is a reasonable basis for changing the name and that it is in the best interests of the child to do so: 10 Based on the aforementioned decisions and the law of general application to children I conclude that “the best interests” of the child affected by a proposed name change is the determining factor in applications to dispense with a parent’s consent. ... … 13 The applicant has discharged the burden of establishing a reasonable basis for changing [the child’s] registered surname, mainly that [the child] has been known in the community where he primarily lives as “Timmerman-Bohn” and the name change would eliminate confusion and consequential enquiries and explanations of sensitive events. In my view, there are advantages to having a child’s registered and defacto surname the same as school records and other applications that his parents may have to make from time to time.

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