www.lawtimesnews.com 27
"'You don't see many name-change issues go
to trial,' says Gary McQuaid of Woodstock,
Ont., who represented the mother in the case.
f ) The age of the child and the weight to
be given to the child's wishes, in light
of that age.
g) The length of time the child has had
its name.
h) The surnames of any siblings."
The judge further noted: "The onus of
proof rests with the person who is opposed to
the change, not with the person applying for
the change. The person opposing the change
of name must prove on a balance of probabil-
ities that the proposed change would not be
in the best interests of the children."
He found that the mother did not have
"an improper motive" in seeking to include
her own name in her children's names and
that the father's position "appears motivated
more by hurt pride than a balanced and child
focused assessment of the children's best
interests."
"Justice Paull took a practical, modern-day
approach" in dismissing the father's appli-
cation, says McQuaid. "Not 'I can't change
the name because it's only ever been Dad's
surname.' He said, 'they're part of two people;
why not use the names of both parents?'
"I'm in front of Justice Paull all the time,
and that was probably one of his harsher
judgments," he adds, noting the judge's refer-
ences to the father's criminal convictions for
assault and being in significant arrears in
child support.
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