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

Booze on beach extended through summer in Penticton

Pilot project will stay in place until Oct. 15

Princeton ATV rider slapped with numerous charges after complaint of near miss on the KVR

‘I would never defend actions like that’ - Ed Vermette, Princeton ATV Club president

Anarchist Mountain Fire Department extinguishes ‘flaming river’ on Highway 3

Blaze caused by truck that caught fire and leaked diesel across the road

Lower Similkameen Indian Band closes beach near Cawston to non-band members

The COVID-19 crisis “has not gone away” and “remains an ever present threat” says the LSIB

Morning Start: Dogs can smell cancer

Your morning start for Tuesday, July 7, 2020

84-year-old Okanagan resident finishes 12,000-piece puzzle

Willie Tribiger started the puzzle in 2013, completing it in six and a half years

Aces aplenty at Okanagan golf course

Vernon Golf and Country Club has 14 recorded holes-in-one since April 30

Fraser Valley woman complains of violent RCMP takedown during wellness check

Mounties respond that she was not co-operating during Mental Health Act apprehension

B.C. sees 12 new COVID-19 cases, no new deaths

Three outbreaks exist in health-care settings

Lost dog swims Columbia River multiple times searching for home

The dog was missing from his Castlegar home for three days.

Sad ending in case of missing Okanagan senior

Body of Vernon man Wayne Orser found floating in Okanagan Lake Tuesday, July 7

COVID-19: B.C. promotes video-activated services card

Mobile app allows easier video identity verification

ICBC to resume road tests in July with priority for rebookings, health-care workers

Tests have been on hold for four months due to COVID-19

Vernon murder case back in court

Voir dire held for one of two accused in death of William Bartz in July 2017

Most Read