Family Court
Companion
← All guides and rules

Ontario Family Law Rules / Rule 35

Changing a name after a refusal

Rule 35 is a court route when the Registrar General refuses a change-of-name application. It is separate from the parenting affidavit in Rule 35.1.

1. Purpose: what this process aims to do

Rule 35 — Change of name ↗ governs an application to the court under section 7(3) of the Change of Name Act ↗ after the Registrar General has refused a requested change of name. It sets a short starting deadline, a way to serve the Registrar General, and time for the Registrar General’s reasons.Check: Family Law Rules — 35

What it does not do: it is not the routine administrative name-change application and it does not govern parenting claims. If you meant the parenting affidavit, go to Rule 35.1.Check: Family Law Rules — 35.1

2. Forms and documents you need

DocumentWhen you need itWhat to include
Court application and supporting materialAfter the Registrar General refuses a name change under the relevant Act.Refusal notice, requested order and supporting facts. Rule 35 does not name a special Form 35; confirm the application form with the court office.
Service proofAfter delivery or mailing to the Deputy Registrar General.Keep a record of what was served, where, how and when.

Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 35

3. Put the package together

Prepare the court application

  1. Keep the refusal notice. Note exactly when you were notified: Rule 35(1) counts from that notice. Identify the change requested and the Registrar General’s refusal.Check: Family Law Rules — 35(1)
  2. Prepare the application and supporting material. Explain the order you ask the court to make and attach the refusal and material that supports your request. Check the current court form and any filing direction for this type of Change of Name Act application.Check: Family Law Rules — Rule 35

Page and evidence limits

This rule does not set a general page cap for this document. A separate motion has its own affidavit, exhibit and factum limits; use the motion preparation guide if you need that route.Check: Family Law Rules — Rule 35Check: Provincial family direction — paras. 48–54Check: East Region direction — para. 69

4. Get it before the court

Submit the court application within the Rule 35 deadline, then serve the Registrar General as the rule directs. Ask the court office how this particular application will be listed and what notice and confirmation it requires. Rule 35 does not provide one universal hearing date.Check: Family Law Rules — Rule 35(1)–(3)

File the documents through the right channel

Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18

Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33

5. Service, filing and the timeline

The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 35

  1. Day of refusal notice: record the date you were notified.Check: Family Law Rules — Rule 35
  2. Within 30 days after that notice: make the court application under Rule 35(1).Check: Family Law Rules — 35(1)
  3. After preparing it: serve the application and supporting documents on the Registrar General by delivery or mail to the Deputy Registrar General under Rule 35(2).Check: Family Law Rules — 35(2)
  4. Within 15 days after that service: the Registrar General may file reasons for refusal under Rule 35(3).Check: Family Law Rules — 35(3)

Confirm the court’s filing and scheduling instructions for your location. Keep the stamped or accepted application, service record, and any court notices together.Check: Family Law Rules — Rule 35

Carry out the document and delivery steps

  1. File within 30 days of notice of refusal. Rule 35(1) sets this deadline for making the court application. Use Rule 3 to count and check any court order.Check: Family Law Rules — 35(1), 3
  2. Serve the Registrar General. Rule 35(2) says to serve the application and supporting material by delivering or mailing a copy to the Deputy Registrar General. Keep proof of what was sent and when. Check the current address and delivery instructions with the official source before sending.Check: Family Law Rules — 35(2)
  3. Follow the court’s next direction. The Registrar General may file reasons for the refusal within 15 days after service under Rule 35(3). Ask the court office how the application is scheduled and how you will receive any filed reasons; Rule 35 does not itself supply a universal hearing date or confirmation form.Check: Family Law Rules — 35(3), 35

6. Hot points to remember

  • The 30-day clock starts with notification of refusal: do not assume it starts when you decide to go to court.Check: Family Law Rules — Rule 35
  • Serve the government official: Rule 35(2) specifies service through the Deputy Registrar General.Check: Family Law Rules — 35(2)
  • Rule 35.1 is different: Forms 35.1 and 35.1A concern parenting claims, not a change-of-name refusal.Check: Family Law Rules — 35.1