Parents’ duty of care: When can your child go out alone?

I still remember the freedom of my childhood very well. I lived in the suburbs near a moderately trafficked road, a grove of trees and a creek, and I went outside to play whenever I wanted – with or without parents, mostly just the neighborhood kids. We roamed through the forest and played by the stream until hunger or the cold lured us back inside. Today I am a mother myself and see this a little more critically. Can I let my child go to the playground alone at the age of six? When can you go to school alone? To what extent do I have to fulfill my duty of supervision?

parental supervision

In principle, you should supervise your child to the extent required, taking into account the child’s growing ability and need to act independently and responsibly (§ 1626 BGB). This statement allows for many interpretations and may also cause uncertainty. Because when is good really good enough? I sense this insecurity in daily conversations with other parents. While one mother drives her six-year-old child to school every day, the other lets it go on its own after a week. While a five-year-old child is allowed to go to the bakery around the corner alone, others only go together with their parents. To name just a few examples.

In fact, there is no narrower definition or legal requirement for proper oversight. The duty of supervision is not only dependent on the age of the child, but is also determined by the child’s uniqueness and character. The situation and the place where the child is is also important. Busy streets, for example, pose higher risks than a schoolyard.

Breach of duty: what then?

If the duty of supervision is violated and has your child

• harmed others
• suffered damage or
• others endangered

it is determined who is liable for the damage incurred. However, it must always be proven that the duty of supervision has been breached. Children under the age of seven are never liable.

Comply with the duty of supervision: Yes! Promoting the independence of children: too!

The Civil Code states that children should be encouraged to be independent. So, as parents, we walk a fine line between caring for the child and trusting the child’s abilities. Children up to the age of four should always be supervised, children over the age of four can be left alone for a certain period of time. In the end, you are left with the individual assessment of possible dangers and the respective developmental stage of your child as a guide. For children ages four and up, consider the following when making any decision:

• Does your child reliably pay attention to road traffic?
• How does your child deal with being approached by strangers?
• Does your child consistently follow previously explained rules of conduct?
• Has your child expressed the wish to go to the playground alone/to visit friends/to go to the bakery?
• Does your child dare to be alone for a short time?
• Does your child know the area?
• Are you easily accessible for your child? (by phone/length of the route)
• Can you check what your child is doing at regular intervals?

Based on the answers to these questions and your own feelings, you will certainly find the right and prudent level of supervision so that your child can move around safely and increasingly independently. This also means that some six-year-old children can go to the playground alone for a short time, while others are accompanied by a supervisor.