The teen removed from her family home and placed in foster care in March 2018. (Pixabay.com)

B.C. teen, sexually abused by father, wins court appeal to change her last name

B.C. Supreme Court judge says a gap in the law had left the teen in a ‘hopeless situation’

A judge has granted a B.C. teen, who endured years of emotional and physical abuse from her father, permission to sever one of her last connections to her biological family and change her last name.

According to a court decision this week, the teen, who is only referred to as S.M.H., applied to B.C.’s Vital Statistics Agency for a name change in August with the help of a social worker. But she was rejected because only a parent or legal guardian can do so.

The girl had been removed from her family’s home and placed in foster care in March 2018. Today, she suffers from complex post-traumatic stress disorder and struggles with suicide ideation, and had to testify at her father’s trial for several charges, including sexual assault and incest.

Her anxiety and emotional distress is heightened when she has to sign, read or be called by her father’s last name.

“As a result of the trauma I have suffered at the hands of my father, the use of the surname increases the pain I feel arising from my past,” she said in her counselling records. “I verily believe that a change in my last name … will result in less bouts of anxiety and pain.”

She remains in contact with her biological mother, but her foster mother, whose last name she would take, said in an affidavit that the biological family believes the teen herself is responsible for damaging them.

ALSO READ: Married names policy discriminates against women, B.C. MLA says

Following a hearing in Chilliwack, B.C. Supreme Court Justice Sheila Tucker said the case has revealed a gap in the law and left the teen in a “hopeless situation.” She reversed the rejection of the application, allowing the girl to change her last name.

“I am satisfied on the evidence before me that using and answering to her family surname causes S.M.H. significant ongoing anxiety and distress that is injurious to her well-being and an obstacle to and distraction from her efforts to heal,” she wrote in her decision.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Clearwater RCMP look for missing Alberta man

Wayne Theriault was last believed to have been seen on March 24

Clearwater charity helps local man with medical costs

Group brings in $1,200 in 20 minutes

Social media a blessing and a curse during time of crisis: B.C. communication expert

‘In moments of crisis, fear is very real and palpable,’ says SFU’s Peter Chow-White

COVID-19 brings burning ban to Clearwater and area

The reason for the ban is to help reduce excess air pollution in populated air-sheds

B.C. COVID-19 contact restrictions working, Dr. Bonnie Henry says

’Not out of the woods yet’ as next two weeks are critical

B.C. records five new COVID-19 deaths, ‘zero chance’ life will return to normal in April

Province continue to have a recovery rate of about 50 per cent

John Horgan extends B.C.’s state of emergency for COVID-19

Premier urges everyone to follow Dr. Bonnie Henry’s advice

B.C.’s first community COVID-19 death was dentist ‘dedicated’ to health: lawyer

Vincent was 64 when he died on March 22 after attending the Pacific Dental Conference

Two inmates at prison housing Robert Pickton test positive for COVID-19

Correctional Service of Canada did not release any details on the identities of the inmates

BC SPCA launches matching campaign to help vulnerable animals after big donations

Two BC SPCA donors have offered up to $65,000 in matching donations

Quarantined B.C. mom say pandemic has put special-needs families in ‘crisis mode’

Surrey’s Christine Williams shares family’s challenges, strengths

Anti-tax group calls for MPs, senators to donate scheduled pay raises to charity

Bill C-30, adopted 15 years ago, mandates the salary and allowance increases each calendar year

Two arrested after man lies about COVID-19 illness to stay in Victoria Airbnb for free

Victoria Police found stolen goods inside the occupied unit

Liberals delay release of 75% wage subsidy details, costs: Morneau

Program will provide up to $847 per week for each worker

Most Read