Parents, as legal guardians, may be allowed to take temporary custodial control of their children's property, and hold it in good care for them until a set time, and then return it. The child still owns the property, though they may not be constantly in possession.
Most things are probably not yours. If your parents bought the property you use and it was not a gift to you, then the property belongs to your parents. You do not have a right to take it. Anything that you bought, even if it was from allowance or gift money, is yours.
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent's ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child's best interests.
If you're planning to buy a property for your child, here's what you need to know: It is legal for a minor to own property in Australia⁴. The Title Deed will simply include 'a minor born on…' after their name to identify the owner of the property.
If there is no court order in place, there is nothing stopping you from taking a child interstate for a holiday. If there's a court order in place, it may prevent children from leaving a particular state or territory—even on holiday. If you're in dispute about holiday travel, you should try to reach an agreement.
In Australia, there is no minimum age which a child can legally refuse to see a parent following divorce or separation. Of course, once children of divorce reach the age of 18 years they can make their own decisions about where they live or which parent they want to spend time with.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
Under Australian law, you can give real estate to a relative as an outright gift. When giving ownership to a third party, there is no exchange of money. The gifting process involves filing a Transfer of Land with your title office. Filing a gift deed may also be necessary.
Under Australian law, minors (anyone under age 18) can own property in their own name. So there is nothing stopping parents or family pooling their combined birthday and Christmas money for the kids and buying a property for them instead.
The bank wants to know that your guarantor will not be a risk and be able to make repayments if you default on the loan. Can I use my parent's equity as a deposit for a house? Yes, as long as you have your parents' permission! The equity in their home can help you pay the deposit on a house.
There is no law that says what age you can leave home.
You can leave home at any age providing you have a safe place to go to. If you leave home and are considered to be in physical or moral danger then the Police or Department of Child Protection & Family Services may become involved.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.
A mother cannot deny a father access to their children in Australia. There is a presumption of equal and shared parental responsibility. Only an order from a local court, Federal Circuit Court or Family Court of Australia would be able to stop a father from accessing their children in Australia.
If you are 18, then you are legally an adult. You can report your mom to the police for taking your phone that you paid for (assuming it's registered to your name and not hers). However, your mom can also kick you. At age 18, she has no obligation to provide you food, shelter, etc.
Yes, anything given to a child is theirs. A gift is a gift. Parents who wish to claim the gift back after a certain time frame should not be giving the gift to their kids if they want it back. Unless it was made clear the child was allowed to use the item and not keep it.
You can give ownership of your property to a family member as a gift. This simply requires filling out the necessary paperwork with your state revenue office and title office, including a transfer of land. Your conveyancer may advise you to organise a deed of gift as well.
In Australia, it's illegal to discriminate on the basis of age, so technically there's no age minimum on renting and a tenant can sign a lease at 17 or even younger, but there are nuances in each state and territory.
Renting under the age of 18
A person may enter into a written Residential Tenancy Agreement in order to rent in Victoria. The agreement may be oral or in writing, although it is strongly recommended that tenants enter into a written agreement which will provide a clear record of your rights and obligations as a tenant.
There's no limit on how much money you can give or receive as a gift! However, there are some occasions where tax may be payable, or capital gains tax (CGT) may apply. For example, when gifting property, shares or crypto assets.
So when it comes to selling the property, you can declare a cost base of $1 if you wish and the Tax Office would love you.
How long do you have to live in a house to avoid capital gains tax in Australia? To avoid CGT, you'll need to live in a property for twelve months for it to be counted as your main residence before you can move out and use it as an investment property.
This used to be called making 'custody' or 'contact' arrangements. These terms are no longer used in Australian family law. There is no rule that children must spend equal or "50:50" time with each parent.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Technically, mothers' rights vs fathers' rights do not exist in Australia. The Family Law Amendment Act 2006 changed the emphasis from the parents to the children; the term 'shared parental responsibility' is now used instead.