Understanding how to divorce your parents can be a challenging task. Children wanting to know how to divorce their parents have unique reasons. Maybe it’s been unsafe in the family household or the parents don’t provide them substantial support.
Child emancipation is the same as divorcing your parents. This is not the same as a legal divorce between Australian couples. Additionally, child emancipation involves the child becoming legally recognised as an adult. Read this article further to know how to divorce your parents.
Further Details On Emancipation
The child’s best interests consider having a meaningful relationship with the parents. After an application for emancipation, the Children’s Court will consider the parties’ personal circumstances. Additionally, the court will aim to make an order that protects the child.
The order aims to maintain the parent-child relationship if appropriate. The name of the protection and safety orders vary per jurisdiction. However, these orders have the same effects. The court considers the following factors when making such orders:
- It is safe for the child to live with the family with an undertaking.
- It is safe for the child to live with the family with the state having responsibility for the child.
- The child is unsafe to live with the family. The state removes the family for a temporary period and assists the family in resolving issues.
- Resolving issues is not possible and the child is given a carer. The carer can preferably be an extended family member that is granted parental responsibility for an extended period.
- Resolving issues is not possible and there is a suitable long-term carer for the child. The carer is granted parental responsibility until the child turns 18.
- A permanent carer has parental responsibility for the child and excludes other potential carers.
How To Divorce Your Parents: A Parent’s Duties And Responsibilities
Separated and divorced parents still have the same responsibility to look after their children even if they turn 18. However, if parents can’t agree on caring for their children, they can ask the court for assistance with custody arrangements.
For example, a court may decide that both parents still make major decisions about a child’s upbringing. Some of these major decisions include which school the child goes to and hospital needs. In some cases, the court might decide that it is best if only one parent can make these decisions.
Additionally, the court can decide that a family member or a foster carer can have responsibility for the child. Whatever happens, the court will always make sure to protect the child’s best interests. If parents are looking to divorce or separate, they will have to make decisions about:
- Who has responsibility for the child
- Where and who the child will live with
- How much time the child will spend with each parent
- How much time will the child will spend with their siblings or step-siblings
Also, parents might have to sell their house, move to a different state, and/or start a new career. Importantly, children don’t have to choose between their parents and they have no fault in their parent’s divorce or separation.
What Age Do You Have To Be To Make Major Life Decisions?
There is no rule about how old you have to be to make major decisions. This includes knowing how to divorce your parents. You can have an opinion at any age and your parents should openly listen to what you have to say. Try sitting down with your parents and explain your decisions and feelings.
You might also want to ask for some assistance from a family member in knowing how to divorce your parents. If things get out of hand, a solicitor can step in and assist you with legal matters. The court can decide where you will live and listen to your views and opinions. Similarly, with other cases, courts will have to require information on your end to figure out what’s best for you.
In most cases, the older you are, the more likely that the court will listen to your claims and views. Also, you will need to show proof of financial and mental capability. This improves your chances of successfully knowing how to divorce your parents and caring for yourself as an adult. However, this will still depend on family circumstances and your safety.
How To Divorce Your Parents: Taking Legal Actions
During court procedures, you might have a chance to explain how you feel and your opinion on our family’s situation. You may meet different people as your family goes through the court process. These people include a family counsellor, social workers, the police, and medical professionals.
Some of these people can make reports about you and your family. These reports can help the judge decide what’s the next course of action. You can discuss with these people about future decisions that can affect your well-being.
An Independent Children’s Lawyer (ICL) can intervene in more complicated and serious cases. These lawyers represent your best interests as a child. Additionally, the ICL won’t work for your parents, but will present opinions that are in your best interests.
Sometimes, the ICL will disagree with you about what the judge should decide. However, the ICL still has to inform the judge about what you think even if they disagree with you.
Taking Legal Actions With JB Solicitors
Another option for taking legal action is with a solicitor. JB Solicitors not only provide legal guidance in knowing how to divorce your parents but can also litigate you in court. Our family solicitors value your well-being and help you gain an upper hand when you want emancipation.
On the other hand, we also have mediation services if you want to avoid costly court procedures with your family. This involves the whole family sitting down with our solicitors and helping everyone reach an amicable agreement.
Are you worried about the costs of taking legal action and opting for mediation? Our fixed fees can help adult children how much they need to spend on our legal advice.
Send us a message today at JB Solicitors.