When will a court not displace a naming bargain struck by the father at the time of birth?

Saskatchewan, Canada


The following excerpt is from Tarry v Rincker, 2013 SKCA 98 (CanLII):

As to the third ground of appeal, the father provided no jurisprudential or legislative support for the proposition that a court may not displace a naming-bargain struck by parents at the time of a child’s birth. In fact, such a proposition would seem to run counter to the inquiry required of a chambers judge in the circumstances, which is to determine whether dispensing with another legal custodian’s consent to a change of name is in the best interests of the children involved (see: Vanderlinde v. Bohn, 2003 SKQB 503, [2004] 5 W.W.R. 398, at para. 10).

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