My younger sister is soon to turn sixteen, the age at which according to Ontario law, she can emancipate herself from

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Customer: My younger sister is soon to turn sixteen, the age at which according to Ontario law, she can emancipate herself from our manipulative-abusive parents and leave home. We are trying to understand the steps required for this. Does she need an official document declaring her emancipated status? And could she cross the US-Canada border?
JA: Has an emancipation petition been filed with the court?
Customer: What court? Would that be the first step? What are the steps she would need to take?
JA: The Family Lawyer will be able to walk you through that. Does she have a job or other assets?
Customer: She has been trying to get one, but her parents are so controlling she hasn't thus far succeeded. She has been trying to reach out to a local youth shelter for help.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a lot of questions.
Answered by Legal Ease in 15 mins 2 years ago
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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Where will she move to if she moves out?

Customer
Well, that is where it gets slippery. I left our abusive home to go to college in the USA and I haven't been back in years. I am now married and in the process of obtaining my greencard. My husband and I have together developed a tight familial bond with my sister, and she wants to come live with us.
Customer
We would love to have her and care for her until she is old enough to be on her own, but we understand very little about emancipation, let alone emancipation in Ontario; and we need counsel on the legal steps. Ontario law apparently does not require one to apply to court; so can she just leave home on her sixteenth birthday? Would she need some type of official document explaining and confirming her emancipation? Could she cross the US-Canada border and come live with us? Is there some way to protect her and enforce her decision legally if my power-hungry parents try forcing her to return to their roof?
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Legal Ease, Expert

There is no such thing as emancipation in Ontario. Your sister is permitted to move out at 16 because there is no law that says she cannot. The child protection legislation stops having jurisdiction over child when the child turns 16. As long as she is safe no one will stop her from moving out of your parents' home. That would mean that your parents no longer have to provide her with support.

She can sign papers for herself for school and she will be able to make medical decisions for herself. She cannot enter into a contract until she turns 18.

I don't know the law in the US but she could likely travel to the US at least to visit you.

Does that help as a starting point?

Customer
Partially. It's helpful to understand she can legally just leave our parents' home, but the other half of the matter is that she wants to live with my husband and me in South Carolina, and her parents may try to track her down and force her to return. How can we keep her parents from dragging her back to live with them again, and what steps do I need to take to help her move to the US with me and my husband? We are the only adults she trusts and wants to live with.
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Legal Ease, Expert

But I don't know the law in the US. They can't compel her to come home from anywhere but I don't know how your sister can remain in the US. You must know that's not easy because you are in the process of trying to gain a green card.

Customer
If she were to leave home and my parents call the police saying she has run away and she were found, would she be apprehended? Or would it be enough for her to say she is sixteen and therefore no longer obligated to live with her parents?
Customer
Also, is Ontario a unique case compared to other provinces, where a teen must petition in order to be emancipated?
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Legal Ease, Expert

All the provinces in Canada are the same in terms of their being no such thing as emancipation except for Quebec.

In fact Ontario is unique as it is the only province that allows a child to move out at 16.

The police will not bring her back.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
This is only for Debra: I'm sorry I haven't been able to respond in a few days. I do have a few more questions.
Customer
1. For the sake of citation, what is/are the specific Canadian laws, as in name and number, pertinent to this situation?
2. Is there an official document needed for a minor to declare independence/emancipation? If so, how might he or she acquire it?
3. What are the legal freedoms and constraints for independent minors in Ontario?
4. Can a minor leave home immediately once he or she has turned 16?
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Legal Ease, Expert

Please start your new post here:

https://www.justanswer.com/law/expert-debra/

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