August 11, 2017
Change of Name Act – and Changing a Child’s Name
Hardly any parent can imagine when their child is born that they may get involved in a heated custody dispute over their new precious gift. As a result, parents often do not pay much mind to the child’s last name and often simply follow the tradition of using the father’s last name or perhaps a hyphenated last name. As circumstances change, a parent may want to change their child’s last name, or even first name, for a number of reasons.
Change of Name ActSection 5 of the Change of Name Act, R.S.O. 1990, c. C.7 (the “Act” ) which deals with changing a child’s name was most recently amended in 2010 by including amendments made to the Children’s Law Reform Act. The Act provides that a person with lawful custody of,
- a) a child whose birth was registered in Ontario and who is ordinarily resident there; or
- b) a child who has been ordinarily resident in Ontario for at least one year immediately before the application is made,
- a) any other person with lawful custody of the child;
- b) any person whose consent is necessary in accordance with a court order or separation agreement;
- c) the child, if the child is twelve years of age or older.