Hi there. In Queensland, a child is expected to live with their parents or legal guardian until they turn 18 – but there is no law requiring a child to remain at home until then. Once a child turns 16, the authorities (i.e. the police or the Department of Communities, Child Safety and Disability Services) will generally not force them to return home if they have a safe place to live and they can financially support themselves. The authorities will also consider the opinions of both parents and the child’s maturity level. If the child is at risk or unable to financially support themselves, the authorities may force the child to return home or put the child in state care.

For parents, the law says that both parents have parenting responsibility for a child until he or she turns 18. If your current parenting arrangement under the consent order is not working, it can be changed without going back to court if you and your son’s mother can reach an agreement on new parenting arrangements. If you are unable to reach a new parenting agreement, you can apply to court to vary the existing consent orders. You would need to prove that there has been a significant change of circumstances that makes a change necessary. The court would consider your son’s wishes, including who he wants to live with. The court must ensure that any new parenting arrangement is in the best interests of the child.

Regarding the trust account, although your son may have earned some or part of the money in the account, his mother is the legal owner of the account and therefore retains the authority to withdraw the funds from the account. Your son could contact the bank to explain the situation and enquire about his options. Depending on the exact terms of the account, he would likely become entitled to the money when he turns 18 years. In the meantime, your son may want to ask his employer to deposit his future wages into the new bank account that he controls directly.

Suggested way forward

You raise important legal issues relating to your son, his welfare and your parenting responsibilities. You should consider speaking to a family lawyer to help you understand the legal options available and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.