Contract for childminding - can you cancel ?

sky_rat

My ex partner has signed a contract for childminding and it states there is a 4 week notice period for cancellation.

The childminding is due to start next week but my ex is not sure if she wants to use this childminder now.

But she is worried about the 4 week notice period.

What happens if she breaks this 4 week notice period or doesnt use the childminder at all, can the childminder enforce the contract ?

Could the childminder take my ex to court for breach of contract ?

McKneff

Of course they will hold your ex to the contract and they will be required to pay for the 4 weeks notice period.

Why does she not want the child to attend, the best advice i can give is for her to speak to other mothers who have children there, maybe they will give her the reassurance she needs.

soolin

I think you have answered your own question really. If a contract is in force then yes breaking that contract requires you to pay any penalties outlined within. The childminder will probably want 4 weeks money regardless of whetehr you use her or not, it isn't really her fault you opted not to use her.

If you are unsure as to the legality of the contract then pay a solictor for a brief consultation and get a legal answer. However I suspect that a properly registered childminder will be using a pro forma type contract supplied by an agency or the council rather than something she just made up herself

tillergirl

You could try speaking to the childminder. Ring her up - say one of you has lost your job and therefore you no longer require a childminder but if your circumstances change in the future you will get back in touch with her. Try and get the sympathy vote. Say you are aware of the contract but due to your circumstances and the fact you haven't used her services would she release you from the contract without penalty.

McKneff

If youre going to lie about it to get out of the contract (and i dont condone this at all) it would be fair to do it asap, the childminder probably limited spaces and so may have turned people away.

DVardysShadow

tillergirl wrote: »

You could try speaking to the childminder. Ring her up - say one of you has lost your job and therefore you no longer require a childminder but if your circumstances change in the future you will get back in touch with her. Try and get the sympathy vote. Say you are aware of the contract but due to your circumstances and the fact you haven't used her services would she release you from the contract without penalty.

OP did not say anyone had lost their job?

smcaul

You will still have to pay the 4 weeks notice. If the childminder is a registered one then they will be using the NCMA contracts, they will also have legal cover with their NCMA membership, who will chase for the money and take things as far as court.

Having said that, the childminder may decide not to hold you to it - but it is their choice at the end of the day.

Hintza

tillergirl wrote: »

Ring her up - say one of you has lost your job and therefore you no longer require a childminder

You have been on here 5 minutes and your are already suggesting folk lie!

Not a promising start is it?

McKneff

Hintza wrote: »

You have been on here 5 minutes and your are already suggesting folk lie!

Not a promising start is it?

mmmmm. i agree,

encouraging dishonesty is really not on tillergirl.
you need to read the forum rules.

4743hudsonj

Hintza wrote: »

You have been on here 5 minutes and your are already suggesting folk lie!

Not a promising start is it?

I believe thats the same poster on the other thread who wants to leave a gym because shes obsessed with her instructor who has now left and she hasnt even been to the classes since to try...... not very savvy at all. First that, now condoning lying to an innocent party.