Baker v. Aboud

Baker v. Aboud

On the balance of probabilities the applicant proved the 2012 consent signature was forged and the respondent unilaterally changed the child’s surname; under s.10(1)(h) of the Change of Name Act the court may dispense with the mother’s consent where in the child’s best interests, and here the child’s best interests require the hyphenated surname Aboud‑Baker; costs awarded to the successful applicant.

Citation
2017 NSSC 42
Parties
Applicant: Dwayne Baker; Respondent: Stephanie Aboud
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 February 2017
Procedural Posture
Change of Name (family Division) / Hearing and Final Judgment
Outcome
Applicant successful. Mother’s consent dispensed; child’s surname ordered changed to the hyphenated surname Aboud‑Baker; costs awarded to applicant.
Legal Topics
Change of Name, Forgery, Dispensation of Consent, Best Interests of the Child, Costs
Source Language
English
Family Law Administrative Law Evidence Change of Name Forgery Dispensation of Consent Best Interests of the Child Costs

Case Brief

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Parties

Dwayne Baker

Applicant

Stephanie Aboud

Respondent

Procedural Posture

Change of Name (family Division) / Hearing and Final Judgment

Legal Issues

  1. 1 Whether the father proved his signature on the 2012 consent form was forged
  2. 2 Whether the mother’s consent should be dispensed with so the child’s surname can be changed

Ratio Decidendi

On the balance of probabilities the applicant proved the 2012 consent signature was forged and the respondent unilaterally changed the child’s surname; under s.10(1)(h) of the Change of Name Act the court may dispense with the mother’s consent where in the child’s best interests, and here the child’s best interests require the hyphenated surname Aboud‑Baker; costs awarded to the successful applicant.

Court Disposition

Applicant successful. Mother’s consent dispensed; child’s surname ordered changed to the hyphenated surname Aboud‑Baker; costs awarded to applicant.

Orders

  • Respondent's consent to the 2012 change of surname is dispensed with pursuant to s.10(1)(h) of the Change of Name Act
  • Order that the child’s surname be changed to Aboud‑Baker