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    Carnegie0715's Avatar
    Carnegie0715 Posts: 4, Reputation: 1
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    #1

    Jul 14, 2007, 07:59 PM
    Changing my child's Surname
    I have a son who is under 6mths of age. He currently has his fathers surname and I want to also have mine added. His father and I were never married. I spoke to him about this and he is not willing to sign any documents allowing me to do this. He is involved in his sons life.. when it's convenient to him. And he does pay support. Him and I have never gone to court for a custody agreement. So do I need his permission to add my name seeing as it is the name the child was "entitled" to at birth? Please help because this is turning into a big headache.
    And if I do need him to sign, what steps should I take to get this accomplished. Because he will refuse.
    Thanks.

    I live in ON, Canada
    Squiffy's Avatar
    Squiffy Posts: 499, Reputation: 84
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    #2

    Jul 14, 2007, 11:27 PM
    It depends where you are. In the UK, you can change the child's name at the registry office within 12 months of birth, quite simply. As you are unmarried you should be able to do that without his involvement. Best speak to a solicitor if you live anywhere else! I was married when I had my kids, but they both have both mine and their fathers surnames, double barrelled. I find its always th best idea, as I wouldn't want my kids not having my surname, but they have their dads also!
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #3

    Jul 14, 2007, 11:46 PM
    Yes, it is weird that all these places have different rules concerning that.

    It would help if Carnegie0715 would post where she lives so that a more thorough answer based upon fact and not conjecture can be made.
    Carnegie0715's Avatar
    Carnegie0715 Posts: 4, Reputation: 1
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    #4

    Jul 15, 2007, 04:50 AM
    Quote Originally Posted by Clough
    Yes, it is weird that all these places have different rules concerning that.

    It would help if Carnegie0715 would post where she lives so that a more thorough answer based upon fact and not conjecture can be made.
    I live in On, Canada
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #5

    Jul 15, 2007, 07:56 AM
    From the following site: How To Change Your Name In Ontario, Canada - Martin's Canada Blog

    I would suggest checking out the site.

    How To Change Your Name In Ontario, Canada

    Under 12 Years Old:

    The change of name wizard online will ask you:

    Was the child born in Ontario?

    Is the child's first name and/or middle name being changed?

    Is the child's last name being changed?

    Is the child's last name being changed to one they were entitled to at birth?
    PLEASE NOTE:

    If the child HAS BEEN BORN IN ONTARIO, you will be required to contact the Office of the Registrar General for an alternative process:

    Toll-free: 1-800-461-2156 or
    Toronto: 416-325-8305

    If the child HASN'T BEEN BORN IN ONTARIO, you will need to fill out this form:
    PDF: http://www.gov.on.ca/GOPSP/en/graphics/091755.pdf
    TEXT: Application to change a child's name
    Carnegie0715's Avatar
    Carnegie0715 Posts: 4, Reputation: 1
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    #6

    Jul 15, 2007, 07:59 AM
    Thanks. I have been to that sight and it doesn't give me any information on if I would need his permission or not. Guess I will just have to contact the Register Generals office in the morning and get some more concrete information from them before I go to a lawyer.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #7

    Jul 15, 2007, 08:13 AM
    From the following site: Message Boards | Canadian Parents : name change

    Changing one's name in Ontario is a relatively simple process.
    A person may apply to the Registrar General to change their own name if that person is sixteen years of age or older and has lived in Ontario for at least the past 12 months.

    In the case of your son who is 12, you will have to fill out a form entitled "Application to change a child's name". You are entitled to do so if the following statements are true (there are reprinted right on the form):

    1. you have legal custody of the child and you want to change the child's name;
    2. there is no court order or separation agreement that stops you from changing the child's name;
    3. the child has lived in Ontario for the past 12 monhts or since birth;
    4. the child is 17 years of age of younger; and
    5. the child is unmarried.

    Before the Registrar General can change the child's name, you must get written permission from everyone who has legal custody of the child. If you do not share custody of the child with the child's father, you will not have to get the father's permission but you must send a photocopy of all court orders or separation agreement atht name you as the only person with legal custody of the child. You must also get permission from the child if the child is 12 years of age or older.

    If the other custodial parent refuses to sign and return the permission form to you, you may ask the Superior Court of Ontario for an order allowing you to apply without that person's consent. If the court gives you such an order, you should put a photocopy of the court order with the child's application.

    Even though the father may not have legal custody of the child for the purposes of consentig to the change of name, if he has legal access to the child, he has the right to be notified about the name change. There is a specific form in the application which is to be used to send a notice to the access parent about the name change. You must mail it by registered mail and submit the registered mail receipt with the address and date stamp on it with the application. Any person with legal access to the child, but not custody of the child, cannot stop the name change unless they get a court order.

    The form lists the documents you must send with the application. If the child is born in Canada, you must send the child's birth certificate and all change of name certificates if the child's name was changed before. If the child was not born in Canada, the form lists what documents you must send. The fee for the application is currently $137.00 if only the child's name is being changed. For each child 17 years of age of younger, when a parent changes the child's name at the same time as the parent changes his or her name, the application fee for the parent is $137.00 and for the child it is $22.00.

    You may obtain the change of name form by calling 1-800-461-2156 or (416) 325-8305 or by writing to the Office of the Registrar General, P.O. Box 4600, 189 Red River Road, Thunder Bay, Ontario, P7B 6L8.

    Karen
    Carnegie0715's Avatar
    Carnegie0715 Posts: 4, Reputation: 1
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    #8

    Jul 15, 2007, 08:46 AM
    Thank you. So you don't think I should have an issue even though there is no custody agreement through court. My son lives with me and I raise him, his father just visits when its convenient to him. So if I had to ask the court to allow this would I actually have to go through a long drawn out court process. Or would that only happen if he got notice of it and really decided to fight me. I would hope if I got the court involved he would realize that its not worth arguing over, and that our son is just as much entitled to have my last name.
    arhouston's Avatar
    arhouston Posts: 19, Reputation: 0
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    #9

    Jul 16, 2007, 08:54 AM
    If your child is under 12 month you can change the last name go online its more info about that you need to do it now cause once the 12months is up it will be hard!!

    Good luck!
    p.s. I'm almost certain that the dad doesn't need to consent
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #10

    Aug 1, 2007, 01:24 PM
    Yeah, you should be able to easily change the child's last name because of the young age... once they are over a year old it is VERY hard to do... (I'm trying now). So I would move quick, otherwise you are going to be in a court battle :(
    advise's Avatar
    advise Posts: 1, Reputation: 1
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    #11

    Oct 5, 2010, 09:59 PM
    For naming a child at birth, Ontario's Vital Statistics Act states at section 9 that “[t]he mother and father, or either of them…shall certify the birth in Ontario…” This legislation requires, at section 10, that “[a] child…shall be given at least one forename…and a surname.”

    It is the next part of the Vital Statistics Act that addresses those cases where the child's parents do not agree on the child's name. Section 10(3)(2)(ii) states:

    “If both parents certify the child's birth but do not agree on the child's surname, the child shall be given…a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, if they have different surnames.”

    Thus, where the parents cannot agree on a child's last name, Ontario's Vital Statistics Act stipulates that the child will be given a last name made up of both parents' last names, in alphabetical order, either hyphenated or combined.

    --Try this website for more info http://www.benmor.com/
    Hope you find that useful

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