Key points
- There is no emancipation in Australia: no court process makes a child legally independent of their parents before 18.
- Parents have parental responsibility until you turn 18, even if they separate, unless a court order changes it.
- You can go to court yourself: a child can apply for a parenting order, for example about where they live, and the court must consider the child's views.
- Financial support: a child can apply for a child maintenance order from a parent.
- Youth Allowance is available from 16, and you can be treated as independent if it is unreasonable to live at home because of extreme family breakdown, violence or serious risk.
- If you are not safe, call 000, or Kids Helpline on 1800 55 1800 at any time.
- For advice about a parenting order or your rights as a young person, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer for a fixed $295.
Australian law has no process called emancipation: under the Family Law Act 1975, each parent has parental responsibility for a child until the child turns 18, subject to court orders. A child can apply to the court for a parenting order, and the court must consider the child's views; a young person aged 16 or over may get Youth Allowance and be treated as independent if it is unreasonable to live at home because of extreme family breakdown, violence or a serious risk to their safety.
Checked on 23 October 2026 against the Family Law Act 1975 (Cth) and Services Australia.
If you are not safe at home, call 000 in an emergency. Kids Helpline (1800 55 1800) is free and answers at any time, day or night.
Can you get emancipated in Australia?
In some other countries a court can "emancipate" a young person, making them legally independent of their parents before adulthood. Australian law has no process called emancipation and no order that turns a child into an adult early. Instead, several laws together deal with the situations that lead young people to search for emancipation: a family that is not safe, conflict about where to live, or the need for money to live independently.
Parental responsibility lasts until 18
- Until 18: under the Family Law Act 1975, each parent of a child who is not 18 has parental responsibility, meaning all the duties, powers, responsibilities and authority that parents have by law in relation to children.
- Separation does not change it: it continues whether the parents separate, marry or remarry.
- A court can change it: parental responsibility is subject to any parenting order a court makes, which can decide, for example, who the child lives with and who has responsibility for decisions.
Asking a court yourself
- You can apply yourself: the Family Law Act lets a child apply for a parenting order, as well as their parents, grandparents and anyone else concerned with their care, welfare or development.
- Your views count: in deciding what is in a child's best interests, the court must consider any views the child has expressed, along with safety (including from family violence, abuse and neglect), the child's developmental, psychological, emotional and cultural needs, and the capacity of the adults involved to meet them.
- Money: a child can also apply for a child maintenance order, for financial support from a parent.
- Married or in a de facto relationship: a court cannot make a parenting order about a child who is 18 or over, is or has been married, or is in a de facto relationship, and an existing order stops when the child turns 18, marries or enters a de facto relationship.
- Get advice first: going to court about your own care is a big step. A lawyer, a legal aid service or a youth legal service can explain other options, which are often faster.
Leaving home and money
- Youth Allowance: Youth Allowance for job seekers is for people aged 16 to 21 who meet the residence rules and income test and are looking for work (or temporarily cannot work or study because of sickness or injury). Full-time students and apprentices may get Youth Allowance for students instead.
- Being treated as independent: usually your parents' income affects your payment. Services Australia may treat you as independent if, among other things, it is unreasonable for you to live at home with either parent because of extreme circumstances, such as extreme family breakdown, violence, or a serious risk to your safety and wellbeing. If you are under 18, a social worker assesses this.
- When that does not apply: you cannot claim it is unreasonable to live at home if you are getting support from your parents or a long-term guardian, getting certain other regular government or student payments, or are in state care (with limited exceptions). If your parents live apart, the test applies to each home.
- Other ways to be independent: for example, supporting yourself through work, being or having been married, living in a de facto relationship for at least 12 months, having a dependent child, or having parents who cannot care for you (such as because they are in prison).
Free help
| Service | Number | Hours |
|---|---|---|
| Police, ambulance or fire in an emergency | 000 | Any time |
| Kids Helpline (free counselling) | 1800 55 1800 | Any time, day or night |
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| Legal Aid WA Infoline | 1300 650 579 | 9am to 4pm, Monday to Friday |
| Legal Services Commission of South Australia | 1300 366 424 | 9am to 4:30pm, weekdays |
| Tasmania Legal Aid | 1300 366 611 | 8:45am to 5pm, Monday to Friday |
| Legal Aid ACT Helpline | 1300 654 314 | 8:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can explain your options, including whether to apply for a parenting order or child maintenance, and what happens in court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Family Law Act 1975 (Cth), compilation No. 101 (10 June 2025), sections 60CC, 61B, 61C, 65C, 65H and 66F; Services Australia's pages on who can get Youth Allowance for job seekers and on being independent for Youth Allowance; and Kids Helpline, on 23 October 2026.