Legal Question in Family Law in Canada
Child forced to use mothers maiden name
I live in Ontario Canada, My exwife and I have joint custody of our 5 year old son, she has custodial custody and I get him every other weekend. Our court order states that she is not to change his name without my written consent(which I won--name removed--give). She is forcing him to use her maiden name at school and it has become a very upsetting issue to him and myself. Does she have this right or can I force her to use his legal name in all matters at school?
1 Answer from Attorneys
Re: Child forced to use mothers maiden name
From the information you gave, it appears that while she is "forcing" you son to use her maiden name, this does not necessarily mean that she has had his name legally changed.
As such, it is likely not against the court order.
If you are concerned that she has legally applied for a name change without notice to you, that would be a breach of the order, and seeing a lawyer in your city would be advised.
If you are also further concerned that this practice of "forcing" your son to use his mother's maiden name is causing him substantial emotional distress, you may also want to contact a local lawyer to see what can be done to possibly vary access or custody.
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