Moving out
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In Queensland you’re expected to live with your parents or legal guardians until you’re 18—but there’s no law that says you must stay at home until then.
Once you turn 16, you won’t normally be forced to return home by the authorities, as long as you’ve got a safe place to go and you can financially support yourself.
If you or someone you know is in danger because of where they are living or staying, call the police. In an emergency, call 000.
When you need legal advice
Get legal advice if you:
- want to leave home because you don't feel safe or you don't get along with your parents
- want to live with your other parent
- want more contact with the parent you don't live with, or you want to see more of your brothers and sisters
- know there are court orders about you and you want them changed.
How to get legal advice
Thinking about moving out
Moving out is a big decision. It's a good idea to talk to someone you trust and think about what it will mean. As a guide, you can start making decisions about your future and how to live your life when you understand what the decision involves and its consequences.
If you and your parents aren’t getting along there might be someone who can help you and your family talk things through. This could be another family member, a trusted friend or a trained counsellor.
Before you move out you should consider what personal items you’ll need to take with you, for example:
- personal documents (e.g. birth certificate)
- clothes
- school books
- personal belongings.
You might need another family member or a trusted friend to help you negotiate this with your parents.
When can I move out?
In Queensland you’re expected to live with your parents or legal guardians until you are 18—but there’s no law that says you must stay at home until then.
If you are under 18 and leave home, the authorities (e.g. the police and government departments) may not force you to return home if you’ve got a safe place to go and you can financially support yourself.
When deciding whether to intervene the authorities will consider:
- your parents' attitude
- your maturity level
- your access to satisfactory accommodation and income
- if you’re in a safe place.
Centrelink benefits are usually only available once you turn 16 (if certain conditions are met). If you are under 16, they can be made available under special circumstances.
The police and Child Safety can investigate the reasons why you left home. If they think you’re in need of protection from harm or abuse they can make an application for a child protection order. This order will say where you should live.
Children in need of care or under a child protection order
There are laws to protect children and young people who aren’t being properly cared for, don’t have a safe place to live or are suffering harm (such as physical, emotional or sexual abuse, or neglect).
If someone thinks you’re in need of protection, they can contact Child Safety about their concerns. This could be anyone concerned about you. Some people, like doctors, nurses, teachers, police and child advocates with the Office of the Public Guardian are required by law to tell Child Safety if they suspect you have suffered significant harm, are suffering significant harm or at an unacceptable risk of suffering significant harm.
If you, or someone you know is in danger, call 000.
If Child Safety thinks you need protection, they will make an application to the Childrens Court for a child protection order. This could include Child Safety being given responsibility for deciding where you should live. This could be with your parents, another relative or a foster parent. If you’re under a child protection order and you want to change where you live, you’ll need to talk to your child safety officer. You should get legal advice.
Parenting orders from the Federal Circuit and Family Court
Parenting orders made by the Federal Circuit and Family Court no longer apply once you’ve turned 18, and you’re free to choose where you want to live.
If you’re under 18 and you want to change a parenting order, you should get legal advice.
How to get legal advice
We may provide legal advice on moving out of home, or other issues about your family situation.
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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
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