Emancipation Of Minors
Family Law: 14 May 2025
The concept of a child legally separating from their parents may sound unusual, however this process, known as “emancipation”, is sometimes sought by minors wanting more control over their lives. The process of emancipation of minors is not formalised under a single legislative act in Australia, and is instead managed under a range of laws and directions from the court.
There are a range of implications for parents when their child seeks emancipation, not the least, the emotional toll this may take. Whilst a child will invariably require legal support to navigate the emancipation process, parents will often also require support to understand the ramifications of this legal separation, and how both they and their child will be impacted in the future.
In this article we’ll look at what emancipation of a minor is, when and why a child might seek emancipation, and implications for parents.
What Is Emancipation of a Minor?
When a person turns 18, they naturally gain legal independence from their parents or their legal guardians. “Emancipation of a minor” is when a child or teenager seeks to gain legal autonomy before their turn 18.
There is no specific legal “emancipation” mechanism in Australia, unlike some other countries. Here, a child seeking autonomy from parents/guardians can use other methods of gaining their legal independence. These avenues include applying for the transfer of legal guardianship from their parents/guardians to somebody else; to become a “mature minor” under common law; or to be made a ward of the state.
Is Emancipation the same thing as Divorcing Your Parents?
Not really. In a divorce scenario, the relationship between a child and their parent(s) may end, whereas in an emancipation scenario, there is simply a change of who has authority over the minor, and who is responsible for their welfare. A child might continue to maintain a personal relationship with a parent, though the financial and legal responsibilities of that parent may no longer remain.
When can a child request emancipation?
Because there is no unique law in Australia for handling formal emancipation, there is no set minimum age to be eligible to make an emancipation request. Instead, courts and social services will assess the child or teen on their ability to live independently from their parents.
Whilst there is no formal age for emancipation, 16 is considered the threshold where a minor can show capacity to support themselves, demonstrate maturity, and have some legal independence.
Why Emancipation of a Minor Might be Sought
There are a range of reasons why a child/teenager may request formal emancipation from their parents or guardians. These include:
They may wish to break free from a toxic home life that is abusive and/or unsafe
They are neglected by a parent/guardian, or completely abandoned by them
They want autonomy due to educational, personal or cultural differences
They want to maintain control of their own finances and make autonomous financial decisions
They believe they have the maturity and the financial resources to be able to live independently from their parents, (for example, they are working in a full-time job).
Their parents/guardians no longer wish to support their child, and the child agrees, making for a mutual decision to allow the child to manage their own affairs.
How To Get Emancipation of a Minor
As there is no single legal process in Australia for emancipation of a minor, the process for how a child gains emancipation may vary. The legal pathways for the child include the following:
1. Voluntary Agreement to Leave Home
If a young person (generally 16 or older) seeks to live independently and their parents agree, the emancipation process is informal. In this case:
The child can leave home with parental consent.
They may access housing assistance, youth support services, and financial aid such as Youth Allowance (via Centrelink).
There is no need for court involvement.
2. Child Protection Services Involved
In circumstances where a minor is experiencing danger at home, abuse or neglect, they can contact their state’s or territory’s child protection services. In serious situations:
The Department of Child Safety (or equivalent) may remove the child and place them into state care.
The court may issue a care and protection order, placing the child with a foster carer or relative.
This route doesn’t legally “emancipate” the child, but removes parental control.
3. Application for Guardianship or Parenting Orders
In scenarios where a minor wants to live with another trusted adult (for example, an aunt or older sibling), then that adult can apply to the Family Court or Federal Circuit and Family Court of Australia for:
Parenting orders under the Family Law Act, granting them responsibility.
In some cases, guardianship orders under state law.
The court will consider the minor’s wishes, their maturity level and their welfare, however in most cases these applications are made by the adult seeking guardianship—rather than by the child themselves.
4. Mature Minor Status
For certain decisions (like medical treatment or contraception), a young person may be deemed a "mature minor" if:
They fully understand the decision they're making.
A professional (doctor, lawyer, etc.) makes an assessment that they are competent.
This status doesn’t equate to emancipation, however it does allow the minor more autonomy over specific decisions relating to medical treatments.
5. Financial Independence & Youth Allowance
Minors who seek to live independently can apply for Youth Allowance, in the ‘Unreasonable to Live at Home’ category. To qualify, they must:
Be aged between 15 and 21 years.
Demonstrate that staying at home is unsafe or unreasonable.
Be studying, training, or seeking employment.
This provides financial support but doesn’t change their legal status as a minor.
Who Has Responsibility For a Child After Emancipation?
Who becomes responsible for a child after emancipation is granted depends on individual circumstances and the child’s wishes, as well as on the assessment of the court. The options for responsibility of a minor after emancipation include:
The child becomes responsible for their own welfare, finances and housing.
A new legal guardian is appointed by the court to be responsible for the child’s care and welfare.
The child becomes a ward of the state.
If the child’s safety is at risk, then state child protection services may become involved.
How Emancipation Requests May Impact Parents
For a start, finding out that your child is seeking emancipation can be confronting for parents, who may believe their child’s request is unjustified, or that their child is not yet ready to take care of themselves. They may also feel sadness that this is their child’s wish.
Parents may also feel uncomfortable with the notion of no longer having authority over their child, and not being able to play a part in decisions relating to their child’s education, healthcare and living arrangements. They worry their child will make poor choices.
Whatever the concerns that arise for individual parents, the emancipation process can be unsettling. If you are dealing with this, it is useful to seek legal advice early.
Legal Avenues For Parents & Guardians
Parents and legal guardians dealing with a child’s emancipation request have a few legal options they can make use of. These include:
Legal advice & representation: Parents can consult a family lawyer, preferably one experienced in handling emancipation requests. Family lawyers can assist parents or legal guardians to understand their options in this scenario, and their rights. Options may follow a legal pathway, or alternatively, the family lawyer may recommend professional assistance from counsellors, psychologists, and/or mediators
Mediation: Family mediation can be helpful in resolving disputes between parents and their children. In some cases, mediation can lead to the emancipation request being dropped. If it doesn’t, mediation can at least be helpful in ironing out the practicalities of the new arrangements after emancipation is granted.
Child welfare reporting: If a parent believes that their child is being influenced by people or environments that are unsafe, then they can report this to child protection authorities.
Negotiated agreements: In certain circumstances, and with legal support, parents and children may resolve to have a temporary or conditional independence arrangement.
Every emancipation request is different, so the recommendation for parents is to seek individual legal advice to understand the possibilities in their unique situation.
Can a Court Deny a Child’s Emancipation Request?
Yes. Courts make their assessment based on the information provided in the request for emancipation, and only if they deem that the emancipation is in the child’s best interest, will they grant emancipation.
A court may deny an emancipation of a minor request in circumstances where:
The child has no reliable income, or insufficient income
Their housing is not reliable
They lack maturity to be responsible for their own welfare
They will likely not be safe.
If the emancipation request is denied by the court, they will usually suggest that either the family receives mediation, or that child protective services become involved. In essence, the child’s best interests are always the primary concern when it comes to the court’s decision.
Can Parents Be Involved in Their Child’s Life After Emancipation?
As mentioned earlier, parents may remain involved in their child’s life after emancipation is granted. Emancipation of a minor only involves the removal of legal responsibility to the child. It does not erase or remove familial and emotional ties. In many cases, after emancipation, minors have ongoing contact with their parents.
Parents of emancipated minors are also not restricted from providing emotional or voluntary financial support to their emancipated child if they wish.
Does Emancipation Exempt Parents From Paying Child Support?
Each emancipation case will differ, however generally speaking, child support obligations on the parent will end if the child is deemed by the court to be legally independent and self-supporting.
If the court doesn’t formally acknowledge the child as independent, or if the child is studying full-time or receiving government support, then the parent’s financial obligations to the child may continue.
What about inheritance?
Both parents and children may be concerned about whether or not an emancipation request will impact inheritance rights. Let’s break it down.
An emancipation request, in most cases, will not automatically remove a child’s right to inherit from their parents, as inheritance is typically governed by the parent’s will or, if there is no will, by intestacy laws.
If a parent decides to change their will in order to exclude their emancipated child, the child may still be eligible to make a family provision claim under succession laws. This depends on individual circumstances.
Successful family provision claims generally require that the emancipated child demonstrates that the parent had a moral duty to provide for them and that they have been left without adequate provision. A range of factors, such as the financial position of both parties and the nature of the relationship, will influence the legal outcome.
Hence, it is in the best interest of both the parents, and the child seeking emancipation, to understand the legal implications of their decision.
What Does Emancipation Cost?
As “emancipation” is not formally defined in Australian law, there is no fee to request it. However a range of costs may apply if seeking legal assistance or mediation services. Court costs may also apply. (In cases that involve state services, such as child protection agencies, the government may bear the cost.)
In Summary
Though not a clearly defined legal process in Australia, emancipation can still occur through various legal channels. It’s a complex issue that affects not just the independence of the child but the rights and responsibilities of parents as well. Understanding the implications—especially regarding inheritance, parental involvement, and financial duties—is crucial for all involved parties.
How Aitken Lawyers Can Help
The team at Aitken Lawyers includes specialists in family law. We can assist parents and legal guardians to understand how emancipation of a minor works, and to navigate the complex emotional and legal territory surrounding a child’s request for emancipation. Whether you intend to challenge an application or your goal is to support your child’s transition, we can provide you with clarity on your options, as well as practical solutions.
In addition, we have experienced Independent Children’s Lawyers on our team, who can assist minors requesting emancipation.