You have the right to live with your parents unless it is bad for you.
A child or young person shouldn’t be separated from their parents unless:
- staying with their parents could be harmful to them; or
- it’s impossible for them to stay with their parents.
A child or young person may be separated from a parent if:
- that parent isn't able to take care of them
- that parent is acting in a way that's not in that child or young person's best interests
- that parent is unable to keep that child safe and happy
If you are a child or young person who's been separated from a parent, you may find Article 5 of the UNCRC helpful.
You shouldn’t be separated from your parents because of discrimination. For example, a parent’s ethnicity shouldn’t have anything to do with whether you’re separated from them or not.
Knowing both parents
Children and young people have the right to keep in contact with their parents. If the State is responsible for them being separated from a parent – as would be the case if that parent were in prison or deported – then it should be able to tell them where that parent is.
Children and young people who have lost contact with your parents should be able to be reunited with their families if you wish.
Related articles
Article 7 talks about the right to know both parents.
Article 8 talks about the right to family relationships.
Article 10 says children and young people have the right to know their parents even if they live in another country.
Article 11 says children and young people shouldn't be kidnapped.
Article 16 says that the State shouldn't interfere with a child or young person's relationship with their parents without good reason.
Article 18 says that parents share joint responsibility for bringing a child up.
Article 20 talks about what should happen when living with a parent isn't in a child or young person's best interests.
Article 21 talks about the rights of children and young people during the adoption process.
If children or young people are refugees, they don't lose the right to stay with their parents.
Children and young people shouldn't be sold or trafficked.
Article 37 talks about what happens if a child or young person commits a crime, and can't stay with their parents because of this.