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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.