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Can a child become emancipated from their parent?

By: Maksiv Konta

The opposite to the concept of emancipation of a child is the principle of parental responsibility. Parental responsibility is a legal concept under UK family law referring to the bundle of rights and responsibilities that a parent or guardian has for their child. This includes the responsibility to care, provide for and support their child, and the right to make important decisions about their upbringing, such as decisions regarding medical treatment, education and religion. Therefore, unless a child is emancipated from their parents or guardian they will be subject to the rules and control of those with parental responsibility for them.

There are some means by which a young person below the age of majority (age 18 in the UK) can be emancipated. They may be emancipated through marriage or military service. However, between the ages of 16 and 18 they can only marry with parental consent. A family solicitor can advise a young person on how they can become emancipated by these means, or what they can do if their parents or guardians do not consent to their proposed marriage.

Otherwise, upon reaching age 18 they will be emancipated. In practice, if a young person can financially support themselves and/or are enrolled in full-time training or education and can take care of themselves, they can move out and support themselves a court will not force them to live with their parents and their parents will have little say in their lives. A family having issues with parental responsibility and control may consider contacting a family solicitor or family mediator for advice. Mediation can successfully resolve family disputes without the need for court.

For further legal advice on emancipation from your parents, you can contact a family lawyer.

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