D.R.S. v. C.P. Date:, 2017 BCPC 148

Citation: D.R.S. v. C.P. Date: 20170523 2017 BCPC 148 File No: 15325 Registry: Kamloops IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: D.R.S. APPLICANT AND: C.P. RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE S.D. FRAME Appearing on their own behalf: D.R.S.

Place of Hearing: Kamloops, B.C. Date of Hearing: May 10, 2017 Date of Judgment: May 23, 2017 [1] This was an application by D.R.S. seeking an order that his name be put on the birth registration of his child C.P., born[omitted for publication] and to have C.P.’s last name changed to S. [2] The legislation that governs whether I can grant this relief is contained in the Vital Statistics Act, R.S.B.C. 1996 c. 479 and theFamily Law Act, S.B.C. 2011 c. 25. The Vital Statistics Act provides under s. 4.1 that the court may, in an order declaring parentage,make an order changing the child’s name.

Under s. 4.1(3)(c), that name change cannot be made without the consent of C.P., because heis 16 years old. [3] “Court” is not defined in the Vital Statistics Act. Therefore, there can be no bar to this court making such an order providedthat it otherwise has jurisdiction to do so. [4] The Family Law Act permits the Provincial Court to make declarations in limited circumstances. Arguably, this includes thefindings that are necessary under s. 39 to determine whether a parent is a guardian. That

section does not specifically grant such powersto the Provincial Court but the most recent authority in L.(K.L.) v. J.(D.), 2014 BCPC 85 , 2014 B.C.P.C. 85, held that the courtdoes not need to make an order declaring guardianship under that section. It merely needs to acknowledge guardianship. This was thestep taken on May 10, 2017 pending these Reasons. However, that is not a declaration of parentage. [5] Under s. 31, this court may declare whether a person is a child’s parent if such an order is necessary to determine anotherfamily law dispute over which this court has jurisdiction. This

section is intended for those circumstances where there is a dispute or anyuncertainty as to whether a person is or is not a parent. There is no such dispute before me. It is clear that D.R.S. is a parent of C.P. There does not therefore appear to be any jurisdiction of this court to make the declaration as sought. [6] I am satisfied that I do not have the jurisdiction to make the declaration of parentage necessary to also make an order changingC.P.’s name from P. to S. Only the Supreme Court appears to have such jurisdiction.

Absent C.P.’s consent to do so, I do not haveauthority to do so in any event. [7] Any amendment to the birth registration to include D.R.S.’s name as father is presented with the same obstacle under s. 3(6)(b)of the Vital Statistics Act. [8] Regrettably, with no other paternity issue outstanding before the court, D.R.S.’s application must be dismissed. __________________________ S.D. Frame Provincial Court Judge