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Daycare children with educator (symbolic image): Children are said to have kicked, bitten and hit the educators
Photo: Ina Fassbender / AFP
The care relationship for individual children can be terminated by a private day-care center without giving reasons.
A corresponding contractual clause is valid, as the district court of Koblenz ruled in a judgment announced on Tuesday.
Only arbitrary termination is inadmissible thereafter.
(Az: 3 O 37/22)
Specifically, it is about a private daycare center in Koblenz.
According to their childcare contracts, both sides can terminate the childcare place with a notice period of three months.
In October 2021, the day care center canceled the care for three siblings at the end of January 2022.
The parents complained about this.
They argued that dismissal without cause was not permissible.
The termination would hinder the development of the children.
The corresponding contractual clause is therefore ineffective, and termination is only permitted for important reasons.
But there were no serious incidents.
"Shut up"
The day care center stuck to the termination and stated that it was entitled to do so without giving reasons.
Besides, there were good reasons.
In particular, the mother, a lawyer, appeared "verbally aggressive".
The children were also no longer bearable in the care.
They injured teachers by hitting, kicking, biting, pulling hair and terrorizing other children.
Some of them responded to admonitions with words like “Shut up” and “I'll kill you”.
In October 2021, all the teachers in the group threatened to be fired.
The daycare center therefore saw no other option than to terminate the caregiver relationship.
»Free design of childcare by selecting the children«
The district court of Koblenz dismissed the lawsuit to continue the care.
The termination clause is admissible, the notices of termination are effective.
It is true that a daycare change is a considerable burden for the children.
On the other hand, the day care center also has “an understandable interest in freely designing care by selecting the children according to their ideas”.
The Federal Court of Justice has already recognized this for private schools.
All in all, it is therefore not objectionable if a day-care center assumes the same right to termination in the childcare contract as the parents are entitled to.
No psychosocial endangerment of the children by changing day-care centers
The district court also argued that a daycare change is stressful for children, but not generally unusual.
A psychosocial endangerment of the children in individual cases could not be determined here.
The termination is only inadmissible if it is arbitrary and therefore contrary to the principle of good faith.
That is not the case here.
There are numerous letters from the mother, which are characterized by allegations and the announcement of legal consequences.
It is obvious that this could not be reconciled with a "trusting educational partnership" for the daycare center.
sun/AFP