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Can you become emancipated at 16? I have currently gone

Customer Question
Can you become emancipated...

Can you become emancipated at 16?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have currently gone through the family court for other reasons but right now it is very difficult the position i am in

Lawyer's Assistant: Family law varies by state. What state are you in?

NSW

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that i can think of, im not very good at thinking off the top of my head

Submitted: 4 months ago.Category: Australia Law
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Answered in 2 minutes by:
3/22/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
thank you
Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon,

if you are a child of a marriage, and your parents are in court relating to you shall live and contact, you are old enough for the court to consider your wishes.

Generally at the age of 14 children are permitted and the court will listen to what they have to say about where they live.

The following is a summary of the law in relation to children's rights and having a say in how the court deals with that.

Until 1974, children had ‘the right’ to choose which parent they lived with at age 14. Since the Family Law Act came into effect in 1975, there has been no hard and fast rule.

The Family Court now looks at a number of factors in deciding with which parent a child shall live.

There is a presumption that it is in the interests of a child to spend as much time as possible with both parents. That is called a “rebuttable presumption” in that it is a starting point, but many factors are considered before the Court will make such an Order.

The wishes of the child are important. Equally important are the reasons for the Child stating those wishes, and also considerations such as the Child’s age, maturity and level of understanding. There is little point asking a 4 year old, no matter how bright the parents may think the child is. At the other end of the scale, the Court generally looks dimly on a Parent who demands a 16 year old be told by the Court with whom they shall live.

There is no magical age. The 8 year old should normally be asked, however the Court is not bound by what they say. It is a factor to be weighed-up. A 14-15 year old will normally have their wishes granted, so long as they are expressed to be for the appropriate reasons.

One case allowed 2 children (8 and 10 years old - sister & brother) to decide that they wanted to stop living with one parent and start living with the other because the other parent provided proper accommodation, took them to school, put shoes on their feet, and fed them as one would expect to feed children that age. Very basic needs which were not being met adequately by the first parent. At the other end of the scale, a 16 year old child with a significant mental impairment will be asked, however if the Court is not convinced that their wishes are actually in their best interests, other factors will take priority.

The Court specifically looks at the attitude of each parent towards the task of parenting, whether the parents are able to provide adequately for the child and whether a parent will actively promote the relationship between the Child and the other parent. The Court prefers not to separate Children where possible. Violence, drug and alcohol abuse are also considered.

You can seek an order from the court to be allowed to look after yourself but there is no law that sets an age of when you can do what you like.

Generally until the child is 18 the the parents have legal responsibility for the children.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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