A member asked almost 8 years ago

Age of independence

My partner and I want me to move into his house and live with his family, who I feel safe with. However my parents do not approve as we are both 15 years old. I do not feel safe or comfortable in my own home and I do not wish to stay there. What can I do?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In Queensland, while it is generally expected that children will remain at home until they are 18, there is no law that specifies the minimum age to move out of home. That said, if a child under 18 decides to leave home, enquiries may be made by welfare authorities to assess the environment the child is moving into and whether they will be safe.

If you move out, the authorities, such as the police, the Department of Communities and Child Safety and Disability Services (Child Safety), may not force you to return home if you can show that you have a safe place to go and that you can financially support yourself. The authorities will consider things such as:

  • your parents' attitude;
  • your maturity level;
  • your access to satisfactory accommodation and income; and
  • if you are in a safe place.

If the authorities believe you are not moving to a safer environment and that you should be forced to return home, they can apply for a child protection order or a court order. This means a court will determine where, and with who, you must live.

Remember that Centrelink benefits are usually only accessible from the age of 16, and only if certain conditions are met. Given that you and your partner are still 15, you may not be able to access Centrelink money. You should take this into account before deciding whether you want to move out. You should also think about what would will happen if your relationship breaks down and you are no longer able to live with your partner.

Suggested way forward

Moving out is a big step and it can be a very difficult experience for a young person. You should speak to an adult that you trust – like a school counsellor or teacher – about your plans to move out. If you want more information about the law and your rights, you can visit the Lawstuff website (www.lawstuff.org.au) or contact Youth Advocacy Centre (www.yac.net.au).

Answered over 7 years ago   Legal disclaimer

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