If you are under 18 and want to move, it usually depends on your personal situation. It`s not illegal to leave home before the age of 18, but since your parents have a responsibility to take care of you, they may let you come home. If the police are involved, they will check where you are and whether you are safe or not, and check whether you are safe at home or not. Children between the ages of 10 and 17 are generally treated as “children” by police and juvenile courts. This means that they usually face legal procedures and sanctions designed for children. For example, their names are kept secret during a court case. It`s important to know that different states have different rules about the age at which you can drop out of school. If you plan to leave school when you move, you need to make sure everything is okay. For more information, please visit our Leaving School page. If the child in question is over 16, parents can legally entrust them to the care of a responsible party, according to Youth Law Australia. If they decide to do so, they will still have to care for and communicate with their child until the age of 18. When you are of age, your parents may ask you to leave the house whenever they want. If you decide to refuse, your parents now have a number of legal options to force you to leave.
You can be prosecuted with charges of squatting, burglary and trespassing, or even threatening to assault. It may sound a bit cruel, but that is how the law works. Parents also have rights! If children are 18 years old, they can give their full legal consent to medical treatment and refuse it. New South Wales, Victoria, the Australian Capital Territory and Tasmania have laws that provide legal defence to a person who has sex with someone under the age of consent if both people are the same age. This is called close defense against age. So if a parent can`t just leave their child, can they place the child somewhere else? They may, provided they comply with their legal obligations, financially support the child and ensure that he or she is properly housed, fed and cared for. There is no real age set in Australian law for a child to live apart from their parents, so as long as children are sufficiently supported, they can live outside their parental home before the age of 18. If you stay in touch with your child during adolescence, your child will likely be better able to avoid pressure, be involved in risky behavior, or illegal activities.
But if you`re worried about your child`s behavior, seek help by talking to your primary care doctor or calling your state or territory parenting helpline. Before you make the decision to move, it`s a good idea to develop a plan with a trusted adult or youth counsellor so you don`t end up in a bad situation. If you have been exposed to a dangerous or violent situation at home, you should contact the Family Defense and Support Service in your state or territory. They provide free legal advice and support to victims of domestic and family violence, such as abandoned children. If a parent insists on abandoning obligations and illegally abandoning their child to the outside world, the law punishes their reckless behavior with imprisonment, fines, and even loss of parental authority over the children. But while sanctions may vary from state or territory to state/territory, Australian laws agree that parents have an obligation to children under the age of 18. If a parent fails to do so, they can be legally charged with child abandonment, resulting in a fine, jail time, and likely removal of the child from custody. If you are a minor and have been evicted from the house, you can contact the police or protection service who will help you clarify the situation. The information in this article is general in nature and laws vary from state to state. So if you have concerns about your child`s legal rights or obligations, it`s always better: But what if you`ve reached adulthood? Can parents legally deport you if you are over 18? It turns out they certainly can. If you are officially considered an adult at the age of 18, there is no law that determines the need to take care of you after this period. Disclaimer: The content of this fact sheet is a general guide only.
This is not legal advice. For legal advice on your particular situation, we recommend that you call the toll-free legal advice number on 1300 366 424. The legal notices were correct at the time of publication, but are subject to change without notice. To apply for legal aid online, visit: www.lsc.sa.gov.au If someone under the age of 18, such as an older brother, sister or childhood friend, is caring for children, you may be legally responsible for the caregiver and your own children if something goes wrong. For this reason, it is preferable that caregivers are adults over the age of 18. It is important to check the relevant laws of your state or territory to ensure that your child`s terms and conditions of employment are fair and legal. This includes things like hours of work, supervision, rates of pay, etc. Although sexual activity between 14- or 15-year-olds is not legal in South Australia, the decision to prosecute one or both participants in this situation is left to the discretion of the police and depends on the circumstances of the case. Squatting means moving into an empty building or house and living there. Squatter is illegal and the police can arrest you for “burglary and trespassing” or “trespassing”. If you have nowhere to go and are considering moving into a squat, it`s a good idea to call one of the agencies under “Who can help you?” Child Safety can apply to the court for an order if they feel you are not safe in your home or unable to take care of yourself. These prescriptions may mean that you will not be able to live long with your family.
You should seek legal advice if you think it might happen to you.