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Can I back out of a contract signed today?

3 replies

PanicPressiePants · 02/01/2007 18:03

To cut a long story short I've had problems finding a childminder in my area with vacancies for the days I need.

Went to see a cm who I know a friend of mine used to have a while back, the friend has been away over christmas so I have been unable to speak to her about it.

Anyway went to visit today, and she seemed nice, but I wasn't totally 100% happy (mainly 2 reasons, she doesn't have a cot for ds to nap in - it will be the sofa bed, and she has a huge dog)

Anyway, because I'm in a fix I agreed and signed the contract, thinking she must be ok because my friend used her until her children went to secondary school. Anyway, friend has just been round, and said she removed her children as she wasn't happy with the care they received, always in front of the tv, were bored, no planned activities, the dog was allowed to mix with the children etc etc.

Now I'm in a right state, in tears because the contrasct I've signed states I need to give 6 weeks notice, and even if I did pull out, I've noone to take ds at such short notice.

What do I do?

OP posts:
Freckle · 02/01/2007 18:08

Look at the contract. Given what your friend has said, is there anything in there which might give you a reason to retract?

Does she state that the child will not see more than x minutes/hours of tv, etc.?

The alternative is to contact the cm and state that you have changed your mind. Her option then is to sue for the 6 weeks' notice, which she may or may not do. You should then do whatever you can to find another cm.

Another option is to send your child there, but immediately give 6 weeks' notice, so that you are not in breach of contract and will have 6 weeks in which to find a suitable alternative. I'm sure your child's development will not be harmed during a 6 week period.

LIZS · 02/01/2007 18:17

How old is your child ? The sleeping issue would worry me in a child under 18 months , could you provide an alternative ? Did you ask about contact with the dog ? She may well care for younger children very differently to primary aged ones who might only be there before and/or after school so try not to assume the worst. Not sure where you stand legally but suspect you are tied in for the 6 weeks unless you have a probationary period ?

mooshy · 03/01/2007 13:50

I have 3 children aged 14 11 and 3 and been a working mum throughout all.Have had nannies and childminders.After 14 years the best advice i could pass onto anyone is that is has to feel 110% .A cm is like an extension of your family and i really do believe that when you find the right one you really should feel like you would want noone else apart from this lady (or man ) to care for your children.I go to work totally happy that all 3 will be cared for as well as me or my own mother would ect. If it doesn`t feel great dont do it.She may sue you for the 6 weeks but could you perhaps comprmise on an agreeable amount to terminate the contract.Also perhaps you could contact the childminding association for advice - there just might be a get out clause of a week or something ?

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