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

Neil Fassina will become the new president of Okanagan College on April 1, 2021. (Contributed)
Okanagan College recruits new president

Current Athabasca University president Neil Fassina to replace Jim Hamilton on April 1, 2021

COVID-19. (Courtesy of CDC).
Interior Health reports 12 additional COVID-19 cases

The total number of cases in the region is now at 644

Brian Shiosaki helps his neighbours by shoveling the sidewalk near his home in Rutland during a large snowfall in Kelowna Tuesday. (Carli Berry/Capital News)
Special weather statement in effect for Okanagan Valley

The Okanagan could see up to 15 centimeters of snow on Friday

Nancy Silverton's Creme Fraiche Brioche Tart that made Julia Child cry. (Photo by Chris Koo)
Liam’s Lowdown: The dessert that made Julia Child’s cry

Since COVID-19 is probably making us cry more, let the tears at least be joyful

Email letters to the editor to jocelyn.doll@revelstokereview.com
Letter: Campaign endorsement questions

Revelstoke resident talks politics and social media

B.C. Provincial Health Officer Dr. Bonnie Henry. (B.C. Government photo)
Kelowna Francophone school COVID-19 outbreak climbs to 5, mixture of students and staff

Health officer says situation evolving, spoke to possible closure, changes to provincial guidelines

Actor Ryan Reynolds surprised a Shuswap family with a special birthday message to their son who was worried he’d be alone on his 9th birthday on Nov. 24. (Tiffanie Trudell/Facebook)
Ryan Reynolds text almost gives away Shuswap boy’s birthday surprise

Deadpool actor helps remind eight-year-old Canoe resident he’s not alone

RCMP detachments across B.C. are now flying Pride flags. (Submitted photo)
Man who spent 4 days injured on floor rescued by Kamloops Mountie

The man is recovering in hospital after being rescued by a police officer conducting a well-being check

Vancouver police reactivated the search for Jordan Naterer Thursday Oct. 22. Photo courtesy of VPD.
Mom of missing Manning Park hiker believes her son is waiting to come home

‘He’s going to come out of a helicopter and say ‘what took you so long?”

A fundraiser for the Falkland Community Church is underway. (Photo submitted)
COVID-19 leaves Falkland Church in a lurch

Annual event/major fundraiser cancelled for first time in 34 years

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Environment Minister George Heyman, Premier John Horgan and Energy Minister Michelle Mungall announce that B.C. Hydro is proceeding with construction of the Site C dam, Dec. 11, 2017. (Tom Fletcher/Black Press)
Site C actions, costs won’t be known until after B.C. election, Horgan says

Peace River diverted for construction of reinforced dam base

Five people with alleged ties to the Red Scorpion Gang are facing numerous charges. (Kelowna RCMP)
5 men linked to Red Scorpion gang charged with gun, drug offences in Kelowna

Police seized a machine gun as well as 5.5 kilograms of fentanyl and carfentanil

Most Read