If a child is wondering how to disown parents, chances are that they are living in an emotionally abusive home. Children deserve a safe space for them to grow and develop ad their families should be atthe forefront to provide this. Unfortunately, not all parents give this to their children.
The result? They become emotionally absent, unruly, or fail to express themselves freely. With the absence orf a parent's unconditional love and care, they will fail to mature as intended. In worse scenarios, they may even convince themselves to stay rather than escape for the sake of having a family.
The dread of the unknown is the most common cause for people to stay. Once a child can become more adept at warding off the negativity directed at them, the strength to learn how to disown parents will come more effortlessly.
Do Children Have Rights in Australia?
Australian family law is centred on the child's best interests. So, if you are a child who wants to leave your parents for good or if you want to report them for their abusive acts, then Australian family law has your back. Section 60CC of the Family Law Act 1975 specifically sets out the principle of the child's best interests.
You can read more about the child's best interest principle right here.
How To Disown Parents As A Minor
Knowing how to disown parents is never simple. In certain circumstances, breaking links is the greatest way to move ahead from a difficult past. A child may be able to take legal action depending on their age, position, and the state they currently reside in. In the case of children, they may choose to emancipate.
What Is Emancipation?
Teenagers have the legal right to disown their parents and become "emancipated" from them. This means that children have the legal authority to make their own choices. As a result, their parents are no longer their legal guardians. Here are the key reasons why people consider the question of how to disown parents:
- If the parents are abusive;
- If the parents are incapable of caring for their children, or
- The child finds the situation at their parents' residence morally repulsive.
Emancipation will not be granted until a child can demonstrate that they can live independently as an adult. That means being able to earn money to cover the costs of a home, groceries, medical bills, and other expenses.
Parents will no longer be legally accountable for supplying money to meet their children's basic necessities once they've been emancipated. Seeking a full-time job can help with being financially independent. Moving out of the family home and into a personal apartment can also help with independence.
When parents agree that they don't want to be legally accountable for their children, the emancipation procedure becomes much easier. If they refuse to consent to emancipation, children will be responsible for proving that they are unfit parents.
The Department of Communities & Justice (NSW) can help you with such matters. We recommend that you contact the DCJ for all emancipation-related enquiries here.
Who Can Help Children Get Emancipated?
Children will have a hard time saving themselves from an abusive household. What they can do is to reach out to potential relatives or legal guardians who can apply for parenting orders for them. Let's use a Reddit forum case from last March. The Original Poster (OP) is severely ill and has physically and emotionally abusive parents. Luckily, the OP's aunt wants to support, but the parents won't allow the OP to see the aunt.
According to one commenter, the aunt can seek parenting orders. Anyone who has a significant connection with a child can apply for a parenting order. According to Section 60CC of the Family Law Act, children deserve to have a close relationship with not just their parents, but also with their blood relatives.
Even non-blood relatives who are close to the child can apply for a parenting order. They may apply if they can prove that they are concerned with the child's safety and well-being. Another option for children who want to learn how to disown their parents is to seek help from The Children's Court.
Click here to see the kinds of services they offer in regards with care and protection
How To Disown Parents: The Role Of Authorities
Court Hearings
Following the submission of a child's petition and court papers, the child will be given a preliminary meeting. The parents will need to attend this meeting. The Court examines the child's status. If the parents oppose their child's emancipation request, they will have to appear in court to defend themselves.
Before knowing how to disown parents, investigations may be conducted into family situations after preliminary meetings. If successful, the independent child can cut off contact with parents and/or family members.
Contact Child Protection Services (CPS)
If you're under the age of 18 and believe you're in danger, get help from your state's Child Protective Services. The most crucial initial step is to choose a safe location. CPS will determine the next steps following the removal of the child from their family home.
This is to ensure that the family cannot harm their children.
How To Disown Your Parents As An Adult
Maintaining Distance
If an adult child is experiencing physical abuse, they can move out to a place where they won't be assaulted. If you're over the age of 18, your parents and family members have no legal authority over where you live. Finding full-time work for self-support and sustenance is key to moving out of the family home. This can prevent abusive parents from harassing or stalking their adult child.
You should also refrain from contacting a family member. Email
and other kinds of communication are no exception when talking
about how to disown parents, and another option is to not hand out
personal information like addresses.
So, the adult child can also consider changing numbers and email
addresses to make it easier for them to cut themselves off from
their parents. Children can also send a written statement that
they're cutting off contact and will be willing to take legal
action if they try to contact them.
Applying Distance
Now, let's get to the legal stuff. We're sure you've heard of restraining orders, and yes, you can file one against your abusive parents. Given that a family has been violent to their child, the child can secure Apprehended Violence Orders (AVOs) or Apprehended Domestic Violence Orders (ADVOs). AVOs and ADVOs are used by people seeking protection against people who inflicted abuse on them.
In the case of abused children, knowing how to disown their parents, AVOs and ADVOs can be used against their parents.
Leaving Parents Out Of Your Will
Another way to make sure a family can't contact their children is to explicitly leave them out of a Will. This way, the family can't influence their grandchildren or even contact them. Hiring an experienced lawyer can assist you in drafting up your Will to ensure security and eligibility.
How To Disown Parents the Legal Way
Children who have disowned their parents can perceive this as a new beginning, rather than an end. Many children around the world wish to have a better life without their abusive parents. So, let us make sure such people get the new beginnings they need with JB Solicitors.
At JB Solicitors, we will answer any family law-related question you have. We don't just handle emancipation matters, but the divorce process, child custody, and Will and estate planning.
For all other family law enquiries, contact our family-friendly staff today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
