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VIC Can Under 18 Move Out under Family Law?

Discussion in 'Family Law Forum' started by paris, 25 March 2015.

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  1. paris

    paris Member

    25 March 2015
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    If I'm 16 and lived in Victoria but I recently moved from Queensland last year and I can't stand it here. I hate school. I'm depressed. Very very miserable. My mum and I aren't getting along at all. I feel as if she is emotionally abusive, and she is additionally preventing me from seeing my boyfriend and friends in Qld.

    Can I move out under family law? Is there a way to somehow live with a good friend in qld or maybe an older sister (she's 21)? I need to get out of here, I'm just really sad and depressed and need to go. It's just not a good environment for me, it really isn't. I really really need help.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Paris,

    I'm sorry to hear your family troubles and that you are not getting along with your mum.

    Although you are still considered a minor under law, you have attained the "age of discretion" (14 for boys and 16 for girls) and can move out of home. If you do, your parents cannot force you to return unless they obtain a court order stating that you are "at risk" from someone. If they, or someone else, believes you are in danger or may be harmed as a result of living out of home, they may also contact the Department of Human Services. Therefore, the freedom is not absolute and depends on your actual circumstances. Once you turn 17, you will have absolute right to leave home. You can read more about your rights in this Victorian Legal Aid booklet.

    While you may feel emotionally abused by your mother, perhaps part of this is due to serious miscommunication between yourself and your mother. Have you tried family mediation? You can try contacting Relationships Australia or Headspace or Kids Helpline for someone to talk to.

    Please keep us updated on your situation.

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