What is the effect of having sole custody of a child when the child has a father's name but the issue is still unresolved?
Ontario, Canada
The following excerpt is from Roy-Bevington v. Rigden, 2017 ONCJ 730 (CanLII):
Contrast this situation with that in Hermanson v. Kiarie. In that case, the mother had sole custody but the name change was not resolved. The children had the father’s surname. The father sought to prohibit the name change. Sherr J. made an order prohibiting the name change, other than to allow the mother’s name to be added as part of the child’s surname along with the father’s. This effectively allowed for the name change, because the mother, as the sole custodial parent, wanted to apply for the name change and had the authority to apply to the Registrar General.
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