It is undeniable that all parents have already found themselves in the situation where it was complicated for them to look after their children, wondering if they could leave them unsupervised even for a very short period of time. So here is everything you need to know and what the law says.
It is a sad story which took place this Sunday, May 26, 2024 in the city of Reims: four children aged between 2 and 6 years old were discovered alone in an apartment after a report to the firefighters. A distressing situation which is however not that unusual in France and whose investigation made it possible to establish that the mother of these children was in reality in the process of “have a drink with a friend“. Placed in police custody for evading her legal obligations, the prosecutor affirmed that the children were left alone for almost five hours without supervision.
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A case that pushes us to question what the law says about the age at which a child can be left alone without care at home. If it is a lot of common sense when we talk about this subject it is mainly because the law does not set a minimum age for a child to remain alone in a house, but mentions an obligation of parents towards – vis-à-vis minor children surrounded by a law of the Civil Code dealing with “the interests of the child ».
A duty of surveillance and protection
According to the law, a parent has a duty to protect their child and ensure their safety, health, education and morality, which cannot be avoided without legitimate reason. If one of these points is compromised, the parent (father or mother) risks a prison sentence of two years as well as a fine of 30,000 euros. He is also obliged to provide for his primary needs and ensure his proper development: monitor his movements and his relationships, feed him, provide him with a roof over his head, put him in school… as indicated in the Article of the Penal Code 227-17.
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If one or both parents are unable to provide for the primary needs of their children, a court can make a decision to withdraw their parental authority. A criminal offense of “abandonment of minor» can be proven and in this case a prison sentence of seven years is requested as well as a fine of 100,000 euros.
At what age can a child be left home alone?
As indicated above, the law does not set a minimum age, but in this type of case it is often put forward the existence of a “age of discernment“. According to the juvenile criminal justice code, this “age of discernment» is set at 13 years. That is to say, before the age of 13, minors are not considered capable of “common sense“. For some childcare professionals, it is advisable not to leave a child alone without supervision before the age of 7.
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Although certain parameters must be taken into consideration such as the level of maturity of the child, the siblings present, the safety of the environment surrounding him or her… it is important to note that a child will not have the same danger assessment than an adult. This is why it is advisable before leaving a child alone at home to ensure their abilities in terms of responsibility (compliance with the rules, safety measures, etc.), but also to take into account the risks and dangers. A single child, even over the age of 13, must always know the basic concepts for their safety: their name, their address, their mobile number, the mobile number to contact in the event of an emergency, the possibility of closing or open the house with a key as well as the address of a neighbor to whom he could go if necessary.
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