Content deleted Content added
AndyFielding (talk | contribs) Suggestions for simplicity Tags: Visual edit Mobile edit Mobile web edit Advanced mobile edit |
→Routes to emancipation: Changed list form to prose |
||
Line 24:
'''Express''': When the parent(s) or legal guardian agrees with the minor that the minor can leave home, become self-sustaining, and control their own wages and assets. Courts may review. For example, elements of coercion can void the emancipation, so if a child agrees to leave because their life has been made intolerable through fault, the court may decree the parents still owe a duty of support.<ref>{{cite web|title=Emancipation or Leaving Home|url=http://ojen.ca/wp-content/uploads/Youth-Agency_Emancipation.pdf|website=Youth Agency and the Culture of Law|access-date=11 February 2018}}</ref>
'''Implied''': When circumstances dictate that a child has become emancipated, even though no explicit agreement was made. Common reasons include marriage, military service, or other reasons given by statutory definition or through case law.
'''Court order''': A court may declare a minor to be emancipated when deciding a relevant case or following a petition of emancipation. Not all jurisdictions that support emancipation allow a direct petition to the courts; for example, in Canada only Quebec<ref>{{cite web|title=Juvenile emancipation in Quebec|url=https://www.educaloi.qc.ca/en/capsules/emancipation-when-teens-get-legal-rights-adult|website=educaloi.qc.ca}}</ref> does. Even in those jurisdictions that do, the court may not allow a minor to file on their own behalf (as they are not yet emancipated), nor may they directly instruct a lawyer to act on their behalf. Instead they petition through an adult [[next friend]]. Courts decide in the minor's best interest: between parental control, care through child services (including fostering or adoption), and emancipation.
| |||