If the parents agreed on a surname but then later one parent sought to change the child’s surname, the parent seeking to change the child’s name has a difficult task ahead of them. That parent would need to show “extreme circumstances”; examples of extreme circumstances would be abandonment or misconduct by a parent. On the other hand, if the parents never agreed on a surname, the parent seeking to change the child’s name need show that such a change is in the child’s best interests. To demonstrate this, the Courts look at a variety of factors including the length of time the child has used any of the surnames considered or even the degree of good will or respect associated with a particular surname . Therefore, the key difference in how easy or difficult it is to change a child’ surname lie in the agreement or lack thereof between the parents. To demonstrate an agreement or an absence of an agreement is a question of fact which the parties will have to prove to the Court.
