How to get emancipated in Australia? You must be curious about the emancipation process in the country. If you’re experiencing the side effects of a strained relationship between you and your parents, you can resort to this legal process in Australia.
The concept of being free from your parents’ care might be surprising to some. However, it happens quite often when children reach a point where family disputes no longer find resolution.
If you or anyone you know is wondering how to get emancipated in Australia, read the article below. It has all the important information related to child emancipation in Australia. Primarily, the answer to this question is that you have to make an application to the Children’s Court.
If the application of the child is successful, the parents will no longer have any authority or control over the child. Thus, the law will recognise the child as an adult.
#1 Know Your ‘Why’
A lot of experiences must have led you to look for a guide on how to get emancipated in Australia. If there is evidence of harm you, as a child, and if you want to seek protection or safety order, you may want to consider emancipation from your parents.
Below are reasons why some children seek to get emancipation:
- physical injury;
- abandonment;
- sexual abuse;
- emotional or physical abuse;
- neglect; or
- death or incapacity of parents.
Notably, irreconcilable differences are also a common reason why a child may wonder how to get emancipated in Australia.
When talking about irreconcilable differences, this means that the child has reached a point where they cannot get along with their parents anymore. This usually results in conflicts or disputes that don’t have a resolution. Now, this can be a basis for emancipation. The child can file for emancipation even without emotional or psychological harm.
However, if this is the ground for application, firstly, the evidence must show that all involved parties have tried to resolve differences through mediation or counselling services. If mediation and counselling attempts have failed, a Court hearing date will be provided to the parties.
Once the court issues an order approving the application, the parents will no longer have any authority over the child. In this case, the state becomes the guardian of the child. Notably, the courts don’t usually make such orders in order to liberate a child from their parents. Family courts give great emphasis to helping families resolve their disputes and conflicts.
Most importantly, the Court will make orders that will ensure the safety and protection of the child.

#2 What To Expect
Now you know that the answer to how to get emancipated in Australia is by making an application to the Children Courts. Notably, the process of emancipation is relevant only to children who are under 18 years of age. For children who are over 18, there is no “legal” process, and they simply become estranged or become liberated from their parents.
As mentioned above, the Courts place great emphasis on resolving the differences between the child and family. It aims to maintain the parent-child relationship. Given below are the various types of orders that the court can make.
Possible Resolution Orders
If the Court determines that there is a possible resolution to the parties’ disagreements, it may issue the following orders:
- The child will continue living with his/her family because it is safe to do so, and the State will help the family in resolving issues wherever required.
- The child will continue living with their family, but as a requirement, there must be an undertaking or a formal pledge.
- The child will not live with the family as it is unsafe for the child. Thus, the child will be separate from the family for a temporary period of up to 12 months. Finally, when a resolution exists, the child will reunite with the family. Courts may also recommend the child to live with an extended family member.
Safety and Protection Orders
But if the Court believes that there can be no resolution as to the differences, it may issue the following safety and protection orders:
- Because of irreconcilable differences and because there is no resolution to the issues, the Court will appoint a carer for the child who can be a member of the family. This carer will have parental responsibility for the child for a period of 2 years.
- The Court may appoint a long-term carer for the child. This carer will have parental responsibility until the child turns 18 years old.
- The Court may also appoint a permanent carer for the child. This carer will have sole parental responsibility over the child.
#3 Who Can Apply For Emancipation?
As briefly mentioned above, the topic of how to get emancipated in Australia is only relevant to children who are under 18 years. The legal process of emancipation is related to children who are under 18 who wish to divorce their parents.
Moreover, there is no need to undergo an application process for children who are over 18, since it is the age of legality. However, emotional estrangement may occur wherein the adult child loses emotional connection with his/her parents.
Often, this leads to disputes in the future when the adult child has a child of his/her own. In such cases, the parents of the adult child wish to connect with their grandchild. However, because of the breakdown of the relationship between the adult child and his/her parents, the adult child may prevent his/her parents from maintaining a relationship with the grandchild.
In this case, from a legal standpoint, the grandparents can apply for a parenting order. The court will consider if it is in the best interests of the child (i.e., the grandchild) to have a relationship with the grandparents (the estranged parents of the adult child).

How To Get Emancipated in Australia: Family Law Advice
This article explored the question of how to get emancipated in Australia and detailed the legal processes involved in doing so. However, while making applications, getting legal advice from the right sources will be of big help.
Are you a young adult who wants to be free from abusive parents? For all emancipation-related enquiries, reach out to the Department of Communities & Justice (NSW) here. For all other family law enquiries or for more information, contact our team today if you have more questions like “how to get emancipated in Australia?”.
Last updated: 28 November 2024