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

Comments are closed

Just Posted

Over 5 million of funding announced for Nuxalk Big House and CCRD parks project

The funding is joint federal, provincial and municipal and will support 24 infrastructure projects

DFO Monitors keeping watch as commercial fishery opens up

Volunteer DFO Monitors have been onsite to ensure requirements are met

Cariboo waterways swell as special weather statement, rain continues Thursday July 2

Quesnel River at Likely and Quesnel Lake seeing 20 to 50 year events

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Commercial fishery closed tonight due to local concerns

The fishery was supposed to open tonight

QUIZ: A celebration of dogs

These are the dog days of summer. How much do you know about dogs?

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Liberal party finished 2019 having spent $43 million, raised $42 million

All political parties had until midnight June 30 to submit their financial reports for last year

B.C. teacher loses licence after sexual relationships with two recently-graduated students

The teacher won’t be allowed to apply for a teaching certificate until 2035

Most Read