Can I Leave Home?

Scenario: Isabella's Story

I am a 16-year-old girl named Isabella. I currently live with my parents and my 3 siblings. I used to have a really strong relationship with my parents, however recently my parents and I have not been getting along.  They constantly argue and disagree with my academic choices, my friends and lifestyle choices. They keep invading my privacy and enforcing rules that I cannot live by. I feel like I’m old enough to make my own decisions and I feel very limited by my parents rules. I have a boyfriend that I love very much but, my parents do not approve of him. My boyfriend and I work and attend school and we feel as though we are able to support ourselves financially. For that reason, I really want to be move out from my parents's home. 

How can I do this? Am I eligible for Emancipation?

We do not have laws on “Emancipation” in Ontario. In some U.S. states, there are emancipation laws which let someone 16 years and older apply to a court, to be free from the custody and control of their parents or guardians. However, there are no such laws in Ontario.

When can I decide where I want to live?

In Ontario, at 16 years of age or older, you can generally decide where you want to live and you do not need a legal guardian. You can live with someone else against the wish of your legal guardian.

If you do choose to move in with your boyfriend, is it not against any laws of Ontario and you do not need permission from your parents.

Do my parents have to support me?

Your parents do not have to support you if you are 16 years or older and have left home of your own free will.

However, If you are 16 years or older and you were forced to leave home, your parents may still have to support you. For example, you are entitled to support if you left home because you were kicked out without a very good reason, or if you were abused, or if your living situation at home is unsafe, unbearable or impossible.

What can I take when I leave home?

You have a right to take all of your personal property with you whether you bought it yourself or it was given to you as a gift. This includes all of your identification such as health cards, birth certificates, and passport. These documents are very important and you and should take them with you. If your parents are refusing to let you take your own property you can contact the police or a lawyer for help. Sometimes a family member or friend can help pick up your property for you.

There is A LOT to think about when deciding, whether to leave home, such as how you will support yourself financially, where you will live, and where you will go to school.

For more information on Leaving Home, consult our pamphlet on Leaving Home, as well as our YouTube video on Leaving home. 

RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/

416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto

To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at www.oacas.org

FindHelp211:

Information about community, government, social and health issues

Dial “211” from inside the Toronto area, or visit www.211Toronto.ca

Outside GTA, check the local Blue Book or visit www.211Ontario.ca

TO CONSULT A LAWYER:

Justice for Children and Youth:

415 Yonge Street, Suite 1203

GTA (416) 920 - 1633

http://www.jfcy.org/ 

The scenario for this post was written by Deqa Abdi, a JFCY volunteer on the PLE Team.  The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer. The comic was by Adrianna Pahuta.

Leaving Home (legal info for youth in Ontario)

Scenario by PLE Team Member Inez Leutenegger, legal info by JFCY

 

To her peers, Lukie has appears to have had a typically ‘normal’ teenage life. Just having turned sixteen two months ago, she has recently received her driver’s permit. She is in grade 11 and enjoys being a part of the school’s cross country and soccer teams. Her friends are a tight knit group who enjoy spending time together. Lukie has always been laid back and easy going, the life of the party who, at the same time, is able to maintain solid grades in her classes at school. 

Image from: http://www.sxc.hu/photo/1170300

Lately, though, Lukie’s friends and teachers have seen a change in her academic, athletic and social life. She has been skipping classes, neglecting her homework and doing bad on tests. As a result, her overall marks are starting to slip, and her teachers are concerned. She seems to be distracted at practices, and her commitment to the sports teams at school seems to be faltering.  She is also becoming increasingly withdrawn and distant from her tight knit group of friends. 

Since her parents’ divorce two years ago, Lukie's home life has been tough. She lives with her mother who  recently lost her job. Money is tight. Her mother’s boyfriend has been living in their home for the past six months, and his violent nature has resulted in the physical abuse of both Lukie and her mother. Lukie has not had contact with her biological father since his parents have separated. 

Lukie is slowly beginning to feel as though her home life is becoming unbearable and does not think she can wait another two years until she has graduated high school to move out. Lukie has been contemplating leaving home and living on her own, but the thought is scary and there are so many questions that run through her head.  She has confided her desire to move away from home to her best friend Brian and his parents, who seem willing to help Lukie in her situation. Lukie must weigh her options before making the big decision to live away from home.

Can Lukie leave home?

Lukie is 16.  According to Ontario law, people who are 16 and older can withdraw from parental control and leave home.  They do not need anyone's permission to do this. However, if youth leave home voluntarily (ie in the absence of abuse, neglect or serious conflict) their parents do not have to support them financially. It can get complicated. Lukie should talk to a family law lawyer about whether her parents owe her a legal obligation to provide her financial support if she leaves home. 

What can Lukie take with her?

Lukie can take all of her personal property with her.  That includes things like clothes or school supplies that only she uses.  It doesn’t matter whether Lukie bought those things or if she received them as a gift.  Lukie should take all of her identification: her health card, birth certificate, and passport, for example. She will need her ID in order to be safe and to access support programs and services.

How can Lukie balance school and work?

Lukie is required to attend school until she is 18 or graduates from high school.  She can get a job – lots of people have jobs in high school – but she cannot work during school hours and the kind of workshe can do might be limited.  For example, she is too young to serve alcohol in a restaurant.  She can also be paid a reduced minimum wage as long as she is in school and working fewer than 28 hours per week.

To learn more about laws relating to youth and work, check out this blog post.


How Else Can Lukie Support Herself?
Lukie may be eligible to receive social assistance through Ontario Works, which is available to 16 and 17 year-olds in special circumstances.  Since Lukie has been a victim of abuse in the home, she should qualify to receive Ontario Works, as long as he is enrolled in full-time school. She may need someone else, such as a Guidance Counselor or social worker, to verify the abuse.

Where can Lukie go to live?

Since Lukie is 16, there are no legal restrictions to her living with Brian’s family. In fact, if Lukie is staying with them long-term then they can ask to have the Child’s Tax Benefit and Ontario Child Benefit paid to them to help support her.  This money is supposed to be paid to the adult who is housing and caring for a minor.  It cannot be paid directly to the minor. Lukie can also rent an apartment to live in by herself.  Because Lukie is sixteen who has withdrawn from parental control, the Ontario Human Rights Code makes it illegal for a landlord to refuse to rent to Lukie just because she is young. 

For more legal information about leaving home, check out this JFCY publication

Leaving home is not easy. There are many social and legal issues that arise for young people. If you are planning to leave home, or you have been forced to leave home, you can call JFCY for legal advice at 416-920-1633.

Leaving Home comic by Adrianna Pahuta, PLE Team Member

Leaving Home Part I: When Can I decide Where I want to Live?

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer. Today's blog peice is about when a youth can decide to leave home.

When can I decide where I want to live?
In Ontario, at 16 years of age or older, you can generally decide where you want to live and you do not need a legal guardian.

You can live with someone else against the wish of your legal guardian, The person you choose to live with will not be charged with a criminal offence as long as they do not assist you in leaving home.

If you are under 16 years old, (or if you and your parents live in another province where the age for leaving home is 18 years), your parents can contact the police to have you returned home if you are living in a place that is not safe; in other words, a place where you are at risk of physical, emotional or sexual abuse. The Children’s Aid Society can also take you into care and place you away from home.

Can I apply to be “Emancipated” from my parents?
We do not have laws on “Emancipation” in Ontario. In some States in the U.S.A., there are emancipation laws which let someone 16 years and older apply to a court, to be free from the custody and control of their parents or guardians and to be responsible for their own support. This process does not exist in Ontario.

What if I am under 16 and can’t live at home?

If you are under 16 years of age, the local Children’s Aid Society (CAS) may be legally required to take you into their care if they believe that you are in need of protection. For example, if your parents kicked you out and you have no place to live, or you are being abused. They may place you with a relative, in a foster care home, or in a group home.

If you and your parents cannot get along, but you are not in need of protection, you may be able to get a Temporary Care Agreement with CAS. This means you can stay in a foster home or a group home for a while and then return home when things are better.

If you had to leave home and are staying with a person who CAS believes you are safe with, CAS may allow you to stay with that person.

What if I’m over 16 and can’t live at home? Do my parents have to support me?


If you are 16 years or older and you were forced to leave home, your parents may still have to support you. For example, you are entitled to support if you left home because you were kicked out without a very good reason, or if you were abused, or if your living situation at home is unsafe, unbearable or impossible.

Your parents must make sure that you have food, clothes and a place to live. Otherwise, they must provide enough money to get these necessities for you. The amount of support you will get is based on your parents’ income, not on what you need. In general, your parents must provide support until you are 18 years old or longer if you are enrolled in a full-time educational program.Your parents do not have to support you if you are 16 years or older and have left home of your own free will.

You can apply for a Legal Aid Certificate from Legal Aid Ontario to pay for a family lawyer to help you claim support from your parents.

In general, the Children’s Aid Society (CAS) will not be available to help you if you leave home after you turn 16. However, there are some situations in which CAS may help 16 and 17 year olds on a voluntary basis. You should call your local CAS to see if the situations apply to you.

For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:
Leaving Home

RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at www.oacas.org

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit www.211Toronto.ca
Outside GTA, check the local Blue Book or visit www.211Ontario.ca

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/
Legal Aid Ontario – www.lao.on.ca
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.