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  1. #1
    Join Date
    Oct 2005
    Posts
    3

    Default When is it possible to emancipate?

    Here is my situation. Last year of high school, marks and everything count alot. Now, my family is a 1st generation immigrants. My dad moved to Canada when he was around 20. My family is quite traditional. Now, I am not religious. I do not have a religious set of beliefs. My family is very religious and imposes religion on me. I cannot stand it and participating in it just makes me go crazy. I am 17 years old, 18 next year. My home life is very difficult. My parents are very media prone, and believe everything, hence why I'm not allowed to go out late anymore and alot of stupid things. Now, I know if I told my parents that I don't believe in religion (Islam at least), they would go ballistic, and I'm pretty sure my dad would beat me or send me to religious school against my will. My dad does beat me when I do stupid things (or just when i forget to do something), but the beatings aren't very bad, but still lately are getting me emotionally. I've been quite depressed lately and know that I cannot live here, especially after they said that I can't go to a University outside of Toronto (where I reside). There are some main things that I am worried about.

    1). In my situation, can I legally emancipate my parents?

    2) If so, under Canadian Law, are my parents still legally responsible for some of my tuition for university?

    I just need to know. I cannot stand living here, yet I do not want to jeopardize my future. I know if i keep living in this state of hipocrosy that I will just get more and more depressed and angry at my parents.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Possible to emancipate?

    Quote Quoting anon123
    1). In my situation, can I legally emancipate my parents?
    Although I have yet to see it verified, I have read in numerous places that Canada lets you move out at 16 without need for an emancipation action.

    Quote Quoting anon123
    2) If so, under Canadian Law, are my parents still legally responsible for some of my tuition for university?
    I am not aware that parents have any responsibility to contribute to your university tuition. Perhaps the college financial aid office expects that, but once you're a grown-up your parents can ordinarily expect that you will pay your own bill.s

  3. #3
    Join Date
    Oct 2005
    Posts
    3

    Default

    Let me clarify:

    If I do get emancipated (or move out) under OSAP or legally, will my parent's finances and income affect how much of a loan I can take under OSAP?

    Yes, I have heard about moving out at 16, but I want to know where I would stand legally.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default OSAP and parental non-contribution to education

    According to OSAP,
    Quote Quoting OSAP Reviews
    OSAP uses standard criteria to assess your financial need and to determine the amount of funding available to you. There may be situations, however, where these criteria may not adequately reflect your particular circumstances. If this is the case, then you may request a review of your OSAP application.
    Common review situations considered through the OSAP review process include:

    * Family breakdowns (e.g., you may be a survivor of family violence or other severe family problems and may be unable to obtain some of the information needed to complete your OSAP application);
    * Provincial residency (e.g., you and your supporting individuals have never lived in a Canadian province or territory for 12 consecutive months);
    * Exceptional parental expenses (e.g., you have child-care costs for dependent children with disabilities who are12 years of age and older);
    * Pre-study and study period income contributions (e.g., as a dependent student, you had to live away from home during the pre-study period to obtain full-time employment);
    * Study period educational expenses (e.g., you have child-care costs for dependent children with disabilities who are 12 years of age and older);
    * Joint custody and legal guardianship;
    * Asset contributions (e.g., your vehicle has been modified to accommodate a disability);
    * Loan overpayments (e.g., hardship review);
    * Academic progress (e.g., academic progress restrictions and/or probationary conditions);
    * Institutional bursary/work-study support (e.g., costs not covered by the Canada-Ontario Integrated Student Loan need assessment);
    * Bankruptcy reviews;
    * Credit screening appeals; and
    * Reviews of Ontario Student Opportunity Grant (OSOG) ineligibility.

    Not all review requests can be considered. For example, the following types of reviews will not be considered:

    * Reviews for a student who is already at the maximum amount of assistance available for his or her current study period.
    * Reviews for a student whose parent(s) arbitrarily refuse to assist him or her with education-related costs.
    * Reviews concerning a student’s citizenship status.
    * Reviews submitted after the deadline date for submission.

    You should be aware that a review of your application may result in you being eligible for more funding, less funding, no additional funding or no funding at all.

  5. #5
    Join Date
    Oct 2005
    Posts
    3

    Default

    Ok, Thanks for your help so far. Just a few more questions.

    1). If I do get emancipated, will I have the choice to live by myself or would I be put in a foster home? (no relatives, one of the primary reasons to move away is because of family values/religion).

    2). If I do live by myself, will I be getting any monthly cheques or payments by the gov., or parents until I am 18 and can qualify for OSAP? I don't know what I am quite asking, but what I am trying to figure out if financially will there be any chance that my parents will have to pay a sort of monthly payment for my rent and things if I do get emancipated or live by myself? I am asking this so I know wheter or not it would be legally and economically feasible for me to live by myself, or if I will have to get more job hours to account for rent and living expenses).

    Also, some of these quesitons may be too specific and require an actual lawyer in Canada to answer my questions (specifically, Ontario). Can you recommend me any placec where I can find out more info regarding this or consult a lawyer (free would be best, I'm trying to save as much as I can right now).

    Thanks again.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Emancipation

    Assuming you are emancipated, or can otherwise lawfully establish your own residence at the age of 16, you should be free to do so - that is, establish your own independent residence.

    As emancipation means that you are independent of your parents, if you are emancipated they probably won't have any duty to support you. As emancipation usually requires that the minor establish financial independence, and financially independent people don't ordinarily need government assistance, you probably can't count on government aid either.

    Please do inquire with a local lawyer, and report back to us with any definitive information you obtain. That should be helpful to anybody else who comes along, who has a similar situation.

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