Summary
40306
S.D.M. v. J.Y.G.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Keywords
Family law — Change of name for minor children — Four children born of marriage, all having father’s surname — Parents separating and divorcing — Mother initiating administrative process to change children’s name in order to add her surname — Father refusing to consent — Courts dismissing application for change of name — On basis of priority consideration of child identity criterion and in name of equality between parents, whether application to court for addition to minor child’s surname taken from surname of father or mother should not be presumed to meet criterion of best interests of child — Civil Code of Québec, CQLR, c. CCQ-1991, arts. 57, 58, 60, 65, 66.1.
Summary
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(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The parties separated in 2015 and have been divorced since September 19, 2017. Four children were born of their marriage. In 2018, the mother initiated the administrative process for changing the four children’s surname in order to add her surname to it. The father refused to consent to the change. In 2020, the mother applied to court for a change of name, but only for the two youngest children. The trial judge dismissed the mother’s originating application on the ground that it would not be in best interests of the two children for their name to be changed. The Court of Appeal unanimously dismissed the mother’s appeal.
Lower Court Rulings
Superior Court of Quebec
500-17-114933-206
Court of Appeal of Quebec (Montréal)
2022 QCCA 687, 500-09-029571-213
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