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Foster v Ruscoe [2022] NZFC 4024

Published 17 March 2023

Guardianship — change of child's name — welfare and best interests of child — Care of Children Act 2004, ss 4 & 5 — HPV v AJB & DJS FC Blenheim 2010-006-000212 18 March 2011. The parties had previously been in a relationship but were now separated and living in different parts of the country. The applicant sought a name change for the parties' child. She wanted the child's surname to be a double-barreled combination of her surname and the respondent father's surname. The respondent opposed the change. He submitted that his surname had a long association with his home area. Also, the respondent worried that if the child's surname changed, then the respondent would be marginalised in the child's life. The applicant argued that her surname had as strong an association with her home area as the respondent's surname had with his home area. The Court observed that the applicant had day-to-day care of the child. To change the child's name would not embarrass or confuse him; however, to leave his name as it was could confuse him. A name change would be in the child's best interest. The Court ordered that the name change go ahead. Judgment Date: 5 May 2022. * * * Note: names have been changed to comply with legal requirements. * * *