What are my parents' responsibilities?

It is expected that your parents will care for you until you reach 18. Your parents are able to make decisions for you BUT as you get older, you have the right to have a say in decisions about you and their role should become more about giving advice.

The law says that when you are under 16 your parents or carer must:

• provide you with food, clothing, and shelter
• protect you from risk to your personal safety and health
• ensure you go to school
• ensure you are not left unsupervised for an unreasonable length of time if you are under 12.

If your parents do not look after you properly and Child Safety Services believes you are at risk of harm, then they may ask a court to grant a Child Protection Order.

If the court does this then Child Safety Services can become your carer or guardian.

Parents can discipline you, but they could be charged by the police if they go too far; for example, if they hit you anywhere hard enough to leave bruises or if they hit you anywhere on the head.

Also if discipline causes injuries or psychological damage then Child Safety Services may also want to apply for a Child Protection Order.

Who is my legal guardian?

Your birth parents are usually your legal guardians until you reach 18,5even if you leave home, unless:

• there is a Family Court Order about who is your legal guardian
• you have a Child Protection Order (then your parents or Child Safety Services may be your legal guardian)
• you are adopted (then your adoptive parents are your legal guardians)
• your birth father is not named on your birth certificate and there is no other court order, then only your mother is your legal guardian.

What if my parents split up?

If your parents separate, they may come to an agreement about where you will live and who you will spend time with as well as other specific issues, such as:

• who is responsible for your day-to-day care or your long-term welfare and development
• where you will go to school
• who will be your doctor.

They can do this by a written agreement (a Parenting Plan or Consent Order).7Consent Orders need to be approved by the Federal Circuit and Family Court of Australia and can be enforced by the law.

If your parents cannot agree then the court will have to decide these things and make a Parenting Order.9 The court will consider what you want to happen and look at what is best for you. Sometimes this may be done through a solicitor called an Independent Children’s Lawyer. Independent Children’s Lawyers are appointed by the court. Their role is to tell the court your wishes and also to tell the court what they think is best for you after collecting information about your situation from a variety of people.

Who pays maintenance if my parents split up?

If your parents are separated, maintenance is now generally done through the Child Support Agency.

The money is paid to the parent or adult with whom you are living.11 It is not possible for you to claim maintenance from the Child Support Agency. If you have issues about claiming money to support yourself from a parent where your parents have separated, you may be able to go to court. See a lawyer for advice.

Can my parents cut me out of their will?

You have the right (no matter what your age) to apply to a court for money out of your deceased parent's estate. You can exercise this right if your parent has not left you anything or has not organised things so that there is enough money for your general living expenses. If you previously relied on them for this and if the court is convinced that you continue to require this financial support, you should apply to the court within nine months of your parent's death. See a lawyer for advice.

Can my parents spend money left to me in a will?

Until you are 18 years of age you are not able to make decisions about anything left to you in a will. Usually, your parents are given the job of looking after this property until you are 18 years old. It is not your parents' property to use as they want. It must be used for your benefit.

If you are having hassles about what your parents are doing you should contact a lawyer. They may be able to investigate what is happening for you. It is also possible to ask the Supreme Court to make an Order that someone else look after your property. You should get legal help to do this.

Adopted

If you are under 18, you can apply for your birth parents’ names, date of birth and last known address along with what your name was before you were adopted. To get this information you will need both your adoptive parents and birth parents to say that it’s ok.

If you were adopted when you were a child and you are now over 18, then you can apply to the Department of Families, Seniors, Disability Services and Child Safety to find out the identity of your birth parent(s). You can get details about your birth parents including full names and dates of birth. You will only get their addresses if your birth parents say this is ok. You can then contact your birth parents.

Remember you can get into trouble if you harass, annoy or threaten them. To get this information contact the state government adoption services in the Department of Families, Seniors, Disability Services and Child Safety. If your birth parent has said they do not want their details to be given out to you and do not want any contact with you, you will not get the information you asked for. If they are prepared to have the details given to you but do not want to be contacted, then you will get the information you wanted.

When can I change my name?

You may use any name you wish as long as you don't intend to defraud anyone (e.g. try to get more money from Centrelink). If you are under 18, you should get your parents’ agreement. It is not necessary to register your change of name with the Registry of Births, Deaths, and Marriages. It is enough just to use the new name. However, this does not change your legal name. This means the Australian Passport Office, Queensland Transport and other government departments will want evidence of your change of name with the Registry of Births, Deaths and Marriages explaining why your name is different to that on your birth certificate.

If you are under 12 your parents can change your name without your consent. If you are aged 12 to 17, your parent(s) must have your consent to officially register you under a different name. If you are under 18 you can usually only change your first name once before you turn 18 but your second name can be changed once every 12 months or more often if there is a real need to change. Once you turn 18 you may apply to register a new name. There are different rules if you are born overseas, and you should talk to a lawyer about that.