Can I Change My Child’s Name Post-Separation?
After going through a separation, parents often wonder if their children’s last names can be changed. Sometimes, a parent may be looking to add their last name to their child’s where it otherwise wasn’t already included. In other circumstances, a parent may be looking to exclude the other parent’s last name where it was already included.
Under section 4 of The Change of Name Act, a parent can make an application to change their child’s name. However, under section 6(1), the other parent can apply to the court for an order preventing the name change on the grounds that the change would not be in the child’s best interests. This means that the parent who is opposed to the name change bears the onus of demonstrating that such a change would not be in the child’s best interests.
However, in addition to The Change of Name Act, there are other avenues by which a parent can seek to change their child’s name. Existing caselaw has made it clear that parents can seek to change their child’s name during divorce or separation proceedings as superior courts retain the authority to order a change of name under the doctrine of parens patriae jurisdiction.
Notably, in Remedios v Teeple, 2025 ONSC 1692, the Ontario Superior Court of Justice listed the following factors which courts may consider when determining whether or not to change a child’s name:
Does the proposed name change exclude the name of the non-custodial name change.
The length of time a custodial parent has had sole custody of the child.
Whether there is a continuing close relationship between the child and the non-custodial parent. Whether there would be any serious effect on the non-custodial parent.
Whether either parent has displayed any malice or improper motivation.
The age of the child of the weight to be given to the child’s wishes, considering the child’s age.
The length of time the child has had its name.
The surname of any siblings.
These factors were also referred to by the Manitoba Court of King’s Bench in RJH v CCH, 2007 MBQB 261 (“RJH”).
Additionally, the Supreme Court of Canada offered guidance on this issue in the case of Trociuk v British Columbia (Attorney General), 2003 SCC 34, in stating that excluding any parent from the child’s surname “cannot be presumed to be in the child’s best interests”. When this passage is evaluated within the context of section 6(1) of The Change of Name Act, it becomes apparent that a request to hyphenate a child’s last name is almost certain to succeed.
However, it is important to note that applications to change a child’s name are considerably less likely to succeed where the applicant is requesting to exclude the other parent’s surname. In RJH, the Manitoba Court of King’s Bench denied the applicant mother’s request to change her child’s surname to her maiden name based on the concern that the request was primarily motivated by a dislike of the father. However, such an application may be successful where there has been a substantial breakdown in the relationship between the parent opposing the name change and the children, which occurred in Heintz v Heintz, 2009 MBQB 304.
Ultimately, the caselaw as referenced above demonstrates that courts are almost always willing to grant a name change for a child to create a hyphenated name inclusive of both parents’ surnames following a divorce or separation. However, courts are less willing to grant a name change that excludes one parent over the other.
-Written by Lyric D. Stewart