What Age Can You Leave a Child Home Alone?
By Amanda Marsden, Partner, Senior Family & Estate Planning Lawyer, Calgary
Leaving a child home alone is a major milestone for both parents and children. It signifies growing independence, but it also raises concerns about safety and legal responsibility. Parents often wonder: at what age is it legally acceptable to leave a child unsupervised at home in Canada? There’s no single law across Canada for this, but each province and territory have their own guidelines and child protection laws to help determine an appropriate age. Before leaving your child home alone, it’s important to understand the laws that may apply, factors parents should consider, how to handle disagreements between former spouses, and best practices to ensure a successful transition to more independence.
Legal Age for Leaving a Child Home Alone in Canada
Canada does not have a nationwide law setting a minimum age for when a child can be left home alone. However, parents have a legal duty to ensure their child’s safety. If leaving a child alone leads to harm or danger, child welfare agencies may step in. In extreme cases, parents could face legal consequences, including charges under child neglect laws.
Provincial and Territorial Regulations
Each province and territory have their own child protection laws that guide whether and when a child can be left alone. Below is an overview of the age-related guidelines in different regions of Canada:
- British Columbia - The Ministry of Children and Family Development recommends that children under 10 years old should not be left alone. There is no legal minimum age, but child welfare agencies can step in if a child’s safety is at risk.
- Alberta & Saskatchewan - While no specific law sets a minimum age, child protection authorities generally consider 12 years old as the benchmark for when a child can stay home alone for short periods.
- Ontario - The Child, Youth, and Family Services Act states that parents must not leave children under 16 years of age without making reasonable provisions for their supervision and care. While there is no specific minimum age, leaving a young child alone could be considered neglect if it puts them at risk.
To understand the legal requirements for your situation, it’s best to consult a lawyer in your area. It’s also important to think about factors beyond just the legal rules.
Practical Considerations
Maturity and Readiness
Not all children mature at the same rate, so age alone shouldn’t be the only deciding factor. Parents with more than one child often notice that one is ready to stay home alone earlier than another. It’s important to consider each child’s:
- Ability to follow rules
- Ability to differentiate between safe and unsafe behaviours
- Comfort with being alone
- Ability to recognize and respond to emergencies
- Decision-making skills
Duration and Time of Day
Leaving a child home alone for 10 minutes is different from leaving them alone for several hours. Similarly, a child being alone during the day-when nearby friends or family are easily accessible-is not the same as being alone at night, when help may be harder to reach. Factors to consider include:
- How long the child will be alone - It may be best to start with short trial periods, even less than 30 minutes.
- The time of day (daytime vs. night) - A child who feels comfortable being home alone during the day may be more at ease with the idea of staying home alone at night.
- Access to trusted adults or neighbors - Having someone nearby in case of an emergency can provide added reassurance.
Siblings and Other Children
It’s common for older children to watch their younger siblings, but this comes with additional risks. Even if an older child is responsible, caring for a younger sibling requires maturity and the ability to handle emergencies. A child will likely be ready to look after themselves for a period of time before they are prepared to care for a younger sibling.
Emergency Preparedness
Before leaving a child alone, it is important to ensure they:
- Know emergency contacts
- Understand how to use the phone and call 911
- Know and follow safety rules (e.g. don’t answer the door to strangers)
- Know what to do in case of a fire or medical emergency
My Ex and I Do Not Agree
Even if a child meets the recommended minimum age, the legal and practical factors provided above should be considered before leaving them home alone. This is especially important for divorced parents who may not always agree on parenting decisions. It’s common for parents to disagree when one wants to leave their child home alone, but the other objects. If you are facing this issue, here are some strategies to navigate the situation while staying within legal and parenting agreement guidelines.
Review Your Separation Agreement or Divorce Judgment
Your separation agreement or divorce judgment may have specific provisions regarding childcare arrangements, so you should read it carefully. These provisions may be brief and form only a small part of broader language about childcare.
If the agreement explicitly prohibits leaving the child home alone or requires both parents to agree to these decisions, you must follow those terms unless you change the agreement - even if you believe the child is ready.
It would be unwise to assume the other parent won’t find out if you leave the child home alone despite an agreement not to. This kind of decision can foster distrust between parents and may lead to unwanted legal action.
If your agreement is silent on this issue, you may have more discretion during your parenting time.
Communicate and Compromise
If your ex strongly objects to leaving your child home alone, consider having a calm and open discussion about their concerns. Some possible compromises include:
- Setting an age or maturity benchmark before allowing the child to be left alone. Even if parents don’t agree that the child is ready now, agreeing on an age in advance can help both parents plan for the transition.
- Using a trial period where the child stays home alone for short periods to assess readiness. If the trial period doesn’t go well, the other parent may want to hold off on further attempts.
- Having a joint discussion with the child about preparedness and expectations. These discussions should be planned in advance so parents can present a unified message.
- Agreeing on specific safety measures, such as check-ins by phone, emergency contacts, safety courses, etc.
Speak to a Professional
If there is a significant disagreement about your child’s readiness, seeking input from a professional – like a child psychologist or family counselor – can be beneficial. A professional may be able to provide objective insight into your child’s development and offer recommendations based on their current stage, which may help create a path forward and ease tensions between co-parents.
Consider Mediation
If discussions with your ex are unproductive, mediation may be a viable option. A neutral third party can help guide the conversation and support you both in reaching an agreement on when and how your child can stay home alone. This can also be a good way to discuss whether an older sibling could care for a younger one for short periods.
Get a Court Order, if Necessary
If your ex refuses to compromise and their objections interfere with your ability to parent effectively, you may need to seek a change to your agreement or court order. The court will look at factors like your child’s age, maturity level, safety measures in place, and each parent’s reasoning before making a decision. Ultimately, the court’s decision will be based on what’s in the child’s best interests - not what’s most convenient for the parents.
Document Your Actions
To protect yourself legally, keep a record of your efforts to communicate and reach an agreement with your ex. Save emails, text messages, and any professional assessments related to your child’s ability to stay home alone. It’s also a good idea to document any trial periods where your child was left alone and how they went. This documentation can be useful if the matter ever escalates to court.
Best Practices for Parents
If you think your child is ready to be left home alone, consider these best practices:
- Start with short trial periods - Leave your child alone for 10-15 minutes before gradually increasing the duration. If the first trial doesn’t go well, your child may not be ready yet. In that case, it may be best to hold off on longer periods until they are better prepared for the challenges of this new independence.
- Set clear rules and expectations - Go over dos and don’ts, such as no friends over, no using the stove, not answering the door, and making sure chores or homework are complete.
- Check in regularly - Call or text your child while you are away to make sure they’re safe.
- Have a backup plan – Make sure your child knows who to contact and where to go if they feel unsafe or can’t reach you.
- Provide necessary resources - Leave emergency numbers and a first aid kit in an accessible place, and make sure your child has food and other essentials, even for short periods.
While there is no universal law in Canada that dictates when a child can be left home alone, general guidelines exist to help parents make informed decisions. The most common benchmark is 12 years old, but this varies by province and depends on the child’s maturity and circumstances. Parents should use their best judgment and ensure their child is prepared, comfortable, and safe before leaving them alone.
Disagreements over this decision are common, but they do not have to lead to conflict. By understanding the law, reviewing your agreement, and considering mediation or court intervention, if necessary, you can find a reasonable solution that prioritizes your child’s best interests.
If you need legal guidance, we invite you to book a free 20-minute consultation with one of our experienced lawyers. We can help you strategize and implement a plan to ensure this important step toward independence is a good experience for both you and your child.
