Emancipation of Minors (A Child under 18 being legally declared an adult)

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Posted and filed under Legal Issues in Spain.

The Voluntary Jurisdiction Law 15/2015, of July 2, 2015 included the process of how a minor between the age of 16 and 18 can seek to become a legal adult early.

A minor might make an application for emancipation for a particular purpose. There are many reasons why a young person might want to do this, such as they have been very successful at a young age (think of a young model of 17 travelling the world on runways perhaps or a young actress) and require it for tax or financial reasons. Alternatively perhaps they are exceptionally mature and wish to live in another place or wish to get away from a difficult home and abuse and look after themselves.

They must be at least 16 years old, and living seperately from his or her parents. A Judge is not going to agree to emancipation though without taking into account many issues, such as the relationship with the parents (if there are any living) or guardian, whether they have the resources to support themselves, their education and whether they are mature enough to manage on their own etc. Aslo whether there are other alternatives to emancipation that may be better solutions.

This is not an option whereby an unhappy teenager can seek to leave home and get away from their parents early. It is  a proper process, whereby the minor and the parents or guardian will be listened to and all issues considered thoroughly.  However maturity and circumstances vary and sometimes it may be in the best interests of the child to let them legally make thier own decisions. Unusual, but it can be possible.

The process involves an application to a Court Judge or it is also possible at the Notary and the minor does not have to have a barrister/lawyer but it would be much easier if one is involved. The parent who is
currently responsible for the child must be present, so they will also be heard. If the Judge grants the application for emancipation then the minor will be registered as legally an adult and no longer under the parents’ control.

If we can help with this matter or any other family law issues such as divorce, separation or child custody please contact us.

8 Comments

  • Mr Keith Johnson

    My granddaughter was taken toSpain almost three years ago along with her younger sister,by their mother for her to live with a new partner who already lives I’m Spain. My granddaughter is almost 16 years old and the move to Spain has caused many trials and tribulations and she feels that a move back to the UK would be the way forward for her in that she could move forward with her education and preffered vulture. To facilitate this she would be more than welcome to live withe me her grandfather . her mother would like her to stay in Spain. Can you tell me,in principal would there be any reason on attaining the age of 16 why she could not do this.

    • Nicola Ryan

      Good Morning Mr Johnson,

      As this is a very complex matter and further information is required, our paralegal Amanda will contact you directly via email to discuss this matter further.

      Kind regards
      Nicola

  • Danielle

    I’m from the Uk and I’m looking to study next year in Spain for my A levels in an international British school. I would have to move without my parents for 2 years but the question is how can I do this legally? The reason my parents can’t come with me is that they are divorced, my Dad has two children in his new family he needs to look after and has been fairly absent in my life for the past 4 – 5 years because of this. My mother has to stay in England to look after my twin who wants to stay here to study. My parents are fully willing to pay for my education, rent or other necessities, they just can’t be there 100% of the time. I have looked at my options and I was wondering if I would be able to stay in student housing ( preferably a studio) at the age of 16. I would have gone to a boarding school but they are quite restrictive and a hard environment to be in ( speaking from my own experience ) or a host family, but those are temporary not for 2 years. These options can be very expensive for international students. I’ve grown up responsible as I always help my single mum with raising me and my sister. I would like to say I’m good at cooking, I know how to do laundry, clean after myself , manage my time and money and I love the responsibility. In fact, in the Uk you are legally allowed to leave home at 16 but your parents are still legally responsible for you until your 18, but I understand that in Spain this is different. If I was in Spain and I had a legal Guardian I just didn’t live with them, would I be allowed to live there by myself? Thank you so much, I’m look forward to seeing your answer ! :)

    • Amanda Thomas

      Dear Danielle, Thank you for your message. I am afraid our lawyers are away until September. Please can you contact the legal team by email after the beginning of next month. I am sorry that we cannot help you sooner. I would also advise contacting with the British Consulate and Citizens Advice Bureau Spain for further advice. With kind regards.

  • Felizia

    I’m from Sweden but I have been living in Spain for 5 years now and is currently studying gcses (y11) there. My mother has been physically and mentally abusing me for years now. I am very responsible and take care of myself when she is of working. I would really like to live alone as these actions of hers has made my mental health really bad for a really long time. What do I do?? Thank you

    • Amanda Thomas

      Dear Felizia, If you are local to us please contact by email but bear in mind that you would need to support yourself financially also. But regardless I think you should seek local help from a lawyer and guidance. Kind regards

  • Hannah Makin

    My daughter’s best friend attempted to stay with our family in the UK due to her being neglected and feeling unsafe with her mothers boyfriend. However her mother came to the UK and took her back to Spain. She is a British passport holder and wishes to leave Spain and live with your family in the UK and for us to be her foster family as we have known her since she was 5. She is now 13. Can we apply to the Spanish court to return her to the UK and to be put under our guardianship?

    • Amanda Thomas

      Dear Hannah, please can you email me and let me know the town and region where the mother lives. Also if there is any proof of any wrongdoing by the boyfriend. With kind regards, Amanda

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