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What age are kids allowed to choose where they live?? Lock Rss

Hi everyone,

Just wanting to know if anyone has any clue about what age kids are allowed to choose who they can live with?? Reason i ask is my husbands sister is 12 and hates living at home with her dad after there mum passed away and wants to come and live with us.

Any advice would be great we have been in circles with authorities and no one wants to help.

Thanks




before I opened this I guessed 12. Im pretty sure it is around that age as I used to have 2 girl friends who choose to live with their dads and I knew them around 13yrs wen they changed to my school.




When we went through court the children were appointedd their own solicitor. They were 8 and 9 but i think by the time a family report writer spoke to them they were 9 and 10. What they wanted was put to the court the youngest girl wanted to live with her mum but they looked into her care and everything and she didn't get what she wanted. They live with me and DF.

Is your FIL an approachable persson..?Iis there anyway you could do it without court..? Is she neglected or not looked after...?
Sorry im not up with the lingo FIL?? I would like to deal without the court but my husband is estranged from his dad and also his dad doesn't let his sister talk to us..
She is pretty much just being emotionally abused and has been threatened by her dad. We really just at our wits end been in contact with child saftey and they dont want to know about it! And we definatly cant afford a lawyer so all the advice we can get is great! =D





Sorry im not up with the lingo FIL?? I would like to deal without the court but my husband is estranged from his dad and also his dad doesn't let his sister talk to us..
She is pretty much just being emotionally abused and has been threatened by her dad. We really just at our wits end been in contact with child saftey and they dont want to know about it! And we definatly cant afford a lawyer so all the advice we can get is great! =D

FIL = father in law
if she comes to you and refuses to leave I dont think they can stop her but in saying that I have a feeling the legal age to move out is 16 so it might be 16
ooo father in law well i dont have a nice word to say about him.

yeah ive heard that they can just leave if there not happy and that the police have to look into it when there under 13 or something... I just dont know soo many different things!




Probably a little different from ur situation but my best friend came to live at my house with my family when we were 14 because her mum wasnt very nice to her, she just walked out and called me, we picked her up and went back the next day to collect her stuff, she had to get mum to sign some centrelink stuff saying that she wasnt able to live there anymore though & after that she was able to claim living away from home allowance, and was classed as independant (to an extent, my mum was her carer and my mum was responsible for her when it came to school stuff etc) she had her own medicare card and health care card. I would think your situation would be a bit different though as she is only 12 and her father probably wouldnt allow her to leave (just guessing) perhaps call legal aide, even if u arent eligable for them to acyually represent u they do offer legal advice over the phone so could probably give u an idea of where u stand legally and what to do next. Goodluck
my understanding is that at 16 a minor can 'move out' of home if they wieh with no way of forcing them to move back home provided there is no statutory sex involved (ie a 16 yr old living with 20yr old partner) etc

but as far as a minor choosing which parent/ family member they wish to live with i think it varies from case to case depending on the situation at their current home (which in your case with her father sounds to not be ideal), the situation at where ever it is she wishes to go, and the capability of the minor to understand the situation (i think theyd normally be interveiwed to determine if they are mature enough to make this sort of decision normally when theyre over 10-12 yrs of age) and their preference is often taken into account.

if she wants to move to your house i believe she can provided that her father doesnt want to contest it..i chose at 15 to move to my dads simply because i felt like it (i love both my parents) and since mum didnt want to fight about it there was no issue just things like centre link youth allowance, child support etc needed to be altered which required both parties signatures. but if he contests it..as the primary legal carer then youd have to take the issue to family court i think.

this advise is only based on previous experience and the info my cousin gave me when i asked today who works for DOCS.
Ok I found out she's 13 this November. Where should I start any suggestions? Preferably without courts





Ok I found out she's 13 this November. Where should I start any suggestions? Preferably without courts


She is still a minor so you would need her fathers consent, if he wont give consent the only way forward is via the legal system - which is a long and complicated process that could take up to 2 years. The courts would take into account her wishes and make a decision as to what was in her best interests, its not a matter of a minor reaching a particular age and saying where they want to live and that's what would happen, its only part of the process... at the end of the day its up to the court.

No easy answer unfortunately. If your FIL is not on speaking terms with your husband it sounds like a sticky situation, I guess all you can do in the circumstances is speak to him - as hard as that might be, and see what he thinks about her living with you.

If it is a situation where she is in serious danger then I would contact the police and seek their advice.
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