Could you please tell me at what age a girl can leave home…

Dear Estelle,

Thank you for your further reply.

The Age of Majority Act, 1974 (Qld) provides that a child has full capacity at law but mentioned age 21. This has been now been superceded by the Law Reform Act 1995 (Qld) which states that the age of majority is 18 years of age.

The Family Law legislation, which is federal legislation, also states that a child is a person who is under the age of 18.

The only way that your daughter can move up to her father's house permanently, is if her father took the matter to mediation and if that did not work, that he would have to start an action in Court stating that the daughter wants to move up to Queensland permanently and for the current orders to be changed.

If you wish to change existing court orders, you will need to show that there has been a significant change of circumstances that makes a change necessary. So, it may or may not be enough to say that you now want to spend more time with the children.

Section 64(1)(b) of the Family Law Act, 1975 (Cth) provides for a variation in any current parenting orders. That Section can be seen at the following link;

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s64b.html

Further discussion on the matter is at the following link;

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children%27s+Matters/Applying+to+change+an+existing+order/

One thing for you to consider is bringing an action for breach of the existing orders that you have mentioned.

If there is a breach of a Parenting plan or order of the Court relating to the child orders, then you or your solicitor will have to write to your former partner who has breached and you must attempt to mediate the matter.

You have to mediate any dispute first (that is, before you can go back to court) (unless there is something urgent, which this is not).

You first need to attempt to resolve your differences first (formally). The requirement to participate in Family Dispute Resolution (FDR) applies to new applications, and applications seeking changes to an existing parenting order. If mediation is not successful, then you will obtain a certificate from an accredited Family Dispute Resolution practitioner (FDR) which certificate states that you made a genuine effort to resolve the dispute through FDR.

The link to the Family Relationships (Government) website which has a list of FDR;s is below;

http://www.familyrelationships.gov.au/fdr

If mediation fails or if a party refuses to mediate, then the son will obtain a certificate, which can then be used to file an Application to vary the current orders.

I wish you well. Please don't forget to press the "Accept" button upon receiving this answer to your enquiry. You can ask further questions once you have done so.

Sincerely,

Mary A.