Can a father apply to change his child's name pursuant to s. 5(1.1) of the Change of Name Act?
Ontario, Canada
The following excerpt is from Pastran v. McDonough, 2017 ONCJ 806 (CanLII):
In Roy-Bevington v. Rigden, the moving party was an access parent. As such, he had no ability to make an application to change the child’s name pursuant to s. 5(1.1) of the Change of Name Act. For various reasons, I varied the temporary custody order under the Children’s Law Reform Act and then dealt with the question of the mother’s consent under the Change of Name Act, which permitted the father to proceed with a name change application. However, to be clear, the material change analysis in that case related to the custody order.
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