Separation - Who Should Move Out?
Mediation and Arbitration in Divorces
Establish a Will or Trust to Ensure Your Wishes Will Be Executed
How Public Policy Can Affect A Will
Paternal and Maternal Abandonment
Parental Alienation Syndrome
Parental Responsibility
Marriage Trends
Divorce and Children
Pet Custody
Alimony and Palimony
Financial Separation
Family Violence
Separation Agreements
Child Support
Discipline and the Courts
Parenting Plan (Part 2)
Parenting Plan (Part 1)
Divorce, Separation and Annulments
The Importance of Financial Agreements in relationships
Common Law Separation
Child Custody
Annulment of Marriage
Marriage Separation
Case Conferences - What's the Purpose?
Family Law Statutes Amendment Act, 2009
Changing a Child’s Name
Restraining Orders
Child Custody and Access Applications

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Changing a Child's Name

Changing a Child's Name

Posted by Avery Zeidman | Published March 19, 2010

The Change of Name Act (the “Act”) will be amended by Bill 133 (Family Law Statute Amendment Act, 2009) as a consequence to changes in the Children’s Law Reform Act (wherein section 6.1 is being added) that enable a court to change a child’s last name where a declaration of maternity or paternity is made. Section 5 of the Act is changed so that an application for a further surname change requires the consent of the person declared by the court to be the child’s mother or father. However, the amendment also states that the requirement for this consent may be waived by the court on application, which is similar to other consents contemplated in the Act. One result of this change is that a parent may apply to the court to have his or her surname added to the child’s name if the other parent refuses to consent.

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