In following Justice Granger’s reasoning in Silverberg v. Silverberg, it is my view that minutes of settlement or a separation agreement containing an express prohibition against a name change is just one element, albeit an important one, to consider if the issue is raised. There may well be situations that would dictate overriding such a clause in a child’s best interests. While I can think of many examples, I choose not to speculate at this time as such speculation is unnecessary to the proper determination of this case.
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