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Daycare Center and Family Home Forum>Contract Breach because of a Move?
missaimee 04:19 PM 09-01-2009
Hi. We just bought a new house in the same town, and are moving to a new location 10 minutes away.

I notified everyone verbally, and in writing on August 12th. I asked all parents if the move would cause them to decide to remove their child(ren) - everyone said the new location was fine, and their children would remain in my care.

Today, "O"'s mother found out that the preschool she will be going to on Thursday will not bus her to my new home. I told her to call and ask them weeks ago, as I was skeptical as to whether or not they would, since my new location isn't in the same school district. She didn't bother to find out until today, and now wants to switch to a different daycare.

O's Mother seems to think that she can pull her daughter out without the required 4 weeks notice due to the fact that I am moving. She thinks moving locations voids my contract, that it won't hold up in court. She offered to give me 2 weeks notice and then pull her. I would rather sue for the full 4, but if moving voids my contracts, then I'm better off to accept 2 weeks notice.

Does switching locations void a contract? Please help.
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melissa ann 05:23 AM 09-02-2009
Have you had problems with this parent before? Either way, I would just accept the 2 week notice and be done with it.
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missaimee 06:09 AM 09-02-2009
No, I've never had problems with her, she has been great until now.

Also, I'm not the type of person to let someone off the hook because it would be easier; I need to know if, legally, my move does or does not affect my contracts, which clearly state my intent to sue if not given 4 weeks notice in writing. The parent has to sign there to indicate agreement, as well as at the end of the contract agreeing to all terms within. I am quite sure I would win in court, but if not, it isn't worth the money to file...

Has anyone ever moved their daycare or had a similar problem? Any lawyers online?
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ConcernedMotherof2 06:23 AM 09-02-2009
I'm confused by the 4 week notice I'm seeing more and more mentioned on this board. Mind you, I'm merely curious, as I've never encountered a requirement for more than a two week notice. Of course, it's just basic respect to give as much notice as possible, but I would never sign a contract that required 4 weeks notice. Why is 2 weeks not enough? Especially when there are so many extenuating circumstances. I understand she was aware of your 4 week policy and was also aware of your move, but with as much change as your family is going through, hers is as well, with her daughter going to preschool. And suing for another 2 weeks beyond what she's willing to give you will likely cost you more than those 2 weeks would bring in.
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missaimee 06:46 AM 09-02-2009
No, suing will bring in more than double what it will cost me to file, plus, if I win, she will have to pay court costs.

I originally required a 2-week notice, however, there were at least 2 circumstances where I wasn't able to fill the spots in 2 weeks, and my income suffered. I changed my policy, and now require a 4 week notice because I know that I can ALWAYS fill my open spots in that time, if not sooner. This is a measure to protect my finances.

Her daughter is going to pre-school 2 hours a day, 4 days a week. She signed her up in early August - I TOLD HER to call the school and ask if they would bus her daughter to my new location at that time. I asked her Monday night if she'd looked into it, she said yes, it was no problem. Tuesday she calls and says they won't bus her there. So, the truth is, she didn't bother to look into it until yesterday, and now she wants me to agree to 2 weeks notice. I am not going to make an exception for her because she was irresponsible. If she'd called the school, she would have known this weeks ago, and her notice would be nearly up as of now.

My daycare is a profitable business, and I run it as such. I am not just trying to earn some extra cash. If I was a printing company, or paint company, or any other company, and I moved to a new location, my contracts wouldn't be voided and my clients wouldn't be able to weasel out of them. Why should I reward her irresponsibility? If I make an exception this time, I'll have to do it every time.
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melissa ann 10:14 AM 09-02-2009
Maybe whoever the mother talked to on Mon said yes, but didn't really know the answer or wasn't aware that you are not in the school district.
It seems to me that you already made your decision.
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missaimee 10:48 AM 09-02-2009
I really would just like someone to let me know if changing locations affects contracts. I don't care what her reason is, I want to know what the best course of action is for my business.

Parents don't care how long you've cared for their child, or how attached you and the child are to each other, they pull them out instantly if it will save them money or be more convenient for them. So why shouldn't I do what's best for me?

If my contracts are truly voided, then I need to have everyone else sign new ones. Also, if that is the case, I will accept 2 weeks notice. If not, I will sue.
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[email protected] 11:29 AM 09-02-2009
personally I would let them out of it. I am now in the beginning of making a move, meaning, I am looking at houses. I will give my current families the new address and they will decide if I am still their provider. If they choose not to follow me,.. I have to understand. They will give me their contracted termination notice. In mine its 2 weeks. After all upon our initial interview,.. they came to my old house,.. they signed for childcare based on that location. That facility. Any new address is a new facility. It may or may not work for them. The contracted termination period should be paid for,.. but aside from that. I dont see how you can hold someone to a contract that you changed. you moved, they didnt. Its really no different than if they moved to another part of town and werent located close to you,.. they would give you notice and move on. I think its hard becase deep down we think they may care,.. but they are not as involved in our well being as we are theirs. Thats a job hazzard we all face. As far as the contract,.. if you signed a 4 week term period,.. that is what I think you are owed. Do you have it as written notice or verbal? if verbal she may say you gave notice on aug 12.
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tymaboy 01:36 PM 09-02-2009
I would contact the Child Resource & Referral in your state & ask them, they will know more on this matter then any of us here on the site. Every state is different.
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Unregistered 03:45 PM 09-02-2009
Or call an attorney
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[email protected] 03:57 PM 09-02-2009
if your asking for legal advice on a message board you may get the incorrect information. It may even vary from state to state, country to country. I suggest contacting a lawyer.
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missaimee 05:05 PM 09-02-2009
I spoke to Tom Copeland, moving the location of a daycare does void contracts. I will accept 2 weeks.
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LawMom 05:06 PM 09-02-2009
The easy answer to this question, that everyone seems to be skirting around, is yes.

Yes, moving will void your contract. Moving to a new location that is outside the reach of bus service is a material breach of contact. I base this on (1) I assume the contract contains the address of the facility, and if it does not, this is a breach of what constitutes a legal contract (2) your admittance that you knew she was relying on the bus system and (3) I have an inkling that any court would agree that location is a material factoring choosing a daycare.

It seems to me from your previous posts that you have already made up your mind about what you are going to do, even though you have already filled the empty position (“already have the child replaced, it is the principal of it.”).

If you want my advice, I would not advise pushing your luck in a case like this. No one can predict what will happen in court, but chances are very good that you will not get what you are after.
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mac60 05:32 PM 09-02-2009
10 Minutes away here could equal up to 8 miles in the next town. I would say 2 weeks should be adequate. Most parents pick daycare that is somewhat convenient to their work location, and 10 minutes away could be a big difference to some.
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Unregistered 07:02 AM 09-03-2009
It amazes me that you would have been willing to risk a good relationship that you admittedly had with this family and word around the area that you are a "hard A&&" based on principle. Don't you fill your future spots mainly on word of mouth?
Sorry but that's just silly. My husband is an attorney. You seemed from your posts to be sue happy and money hungry but maybe that's just me?
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seashell 07:27 AM 09-03-2009
I would just take the 2 weeks notice. Is it really worth mom bad mouthing you to others? In my opinion, it's a compromise and protecting your reputation is worth 2 weeks.
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missaimee 03:44 PM 09-04-2009
I am not talking about public transit buses - those run all over the city. I am talking about her child's school bus, and she should have called them in early August. I lived on the south side of town, moved to the north side. There are several schools, and I doubted her child's school would bus the child to my new location.

And, I would like to point out that while I appreciate your advice, I had already posted that I spoke to a lawyer who is an expert on daycares, and that he confirmed moving voids my contracts, and that I would accept two weeks.

Originally Posted by LawMom:
The easy answer to this question, that everyone seems to be skirting around, is yes.

Yes, moving will void your contract. Moving to a new location that is outside the reach of bus service is a material breach of contact. I base this on (1) I assume the contract contains the address of the facility, and if it does not, this is a breach of what constitutes a legal contract (2) your admittance that you knew she was relying on the bus system and (3) I have an inkling that any court would agree that location is a material factoring choosing a daycare.

It seems to me from your previous posts that you have already made up your mind about what you are going to do, even though you have already filled the empty position (“already have the child replaced, it is the principal of it.”).

If you want my advice, I would not advise pushing your luck in a case like this. No one can predict what will happen in court, but chances are very good that you will not get what you are after.

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missaimee 03:54 PM 09-04-2009
No, you know what? If I signed and agree to something, I keep my word. If I tell my daycare provider that I am keeping my child at her daycare even after the move, and I don't bother to make a phone call, and I realize it won't work out after all, I pay her the 4 weeks I agreed to originally, or I make arrangements to have the child transported until the notice is up.

FYI - I offered to pick the child up from pre-school and bring her here until the notice was up, as a courtesy to this mother and because I loved the child.

Also, she didn't kindly offer to give me 2 weeks notice - she called me, rudely demanded I accept 2 weeks, and started threatening to pull her immediately and force me to sue her for the money she owes me. She turned into psycho mom, which shocked me because she'd been nothing but polite until this time. And, I had the option of staying in the old location for another month, forcing her to give me notice, and I chose not to do that.

AND, I told her I would think about whether I would accept two weeks notice. What I discuss on this board with people in my profession, I don't necessarily discuss with the parent. She knew nothing of the options I considered, only that I would consider 2 weeks.

Maybe I'm a hard ass, or maybe I'm just smart and I don't take any sh*t. Maybe everyone else on this board should quit complaining about being screwed over by parents, especially in regard to $$$, and take a stand. While you may be okay with allowing people to trample on you, and make constant concessions, I do not work that way. What's right is right, what's wrong is wrong, and there is very little gray area in between.

I am not sue happy nor money hungry. But I don't believe in taking advantage of a situation and weaseling out of one's obligations. I don't believe in agreeing to something, and then trying to get out of it at the last minute because of MY irresponsibility. I don't punish others for my mistake.

Originally Posted by Unregistered:
It amazes me that you would have been willing to risk a good relationship that you admittedly had with this family and word around the area that you are a "hard A&&" based on principle. Don't you fill your future spots mainly on word of mouth?
Sorry but that's just silly. My husband is an attorney. You seemed from your posts to be sue happy and money hungry but maybe that's just me?

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Unregistered 07:35 AM 09-05-2009
Originally Posted by missaimee:
No, you know what? If I signed and agree to something, I keep my word. If I tell my daycare provider that I am keeping my child at her daycare even after the move, and I don't bother to make a phone call, and I realize it won't work out after all, I pay her the 4 weeks I agreed to originally, or I make arrangements to have the child transported until the notice is up.

FYI - I offered to pick the child up from pre-school and bring her here until the notice was up, as a courtesy to this mother and because I loved the child.

Also, she didn't kindly offer to give me 2 weeks notice - she called me, rudely demanded I accept 2 weeks, and started threatening to pull her immediately and force me to sue her for the money she owes me. She turned into psycho mom, which shocked me because she'd been nothing but polite until this time. And, I had the option of staying in the old location for another month, forcing her to give me notice, and I chose not to do that.

AND, I told her I would think about whether I would accept two weeks notice. What I discuss on this board with people in my profession, I don't necessarily discuss with the parent. She knew nothing of the options I considered, only that I would consider 2 weeks.

Maybe I'm a hard ass, or maybe I'm just smart and I don't take any sh*t. Maybe everyone else on this board should quit complaining about being screwed over by parents, especially in regard to $$$, and take a stand. While you may be okay with allowing people to trample on you, and make constant concessions, I do not work that way. What's right is right, what's wrong is wrong, and there is very little gray area in between.

I am not sue happy nor money hungry. But I don't believe in taking advantage of a situation and weaseling out of one's obligations. I don't believe in agreeing to something, and then trying to get out of it at the last minute because of MY irresponsibility. I don't punish others for my mistake.
I apologize to you for my statement. I think if you had told us about the psycho Mom part, you would have gotten a much different response from all of us. The behavior she displayed as you relay it in the above message certainly gives a different perspective on the story and your reaction is much more understandable.
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Unregistered 10:08 AM 09-05-2009
just thought I would check on the progress on this forum and have to say your bitterness and anger just proves that you have your foot in your mouth knowing that you screwed up. It is a shame that parents are subjecting their children to your care when they are unaware of who you truely are...hope you find happiness and also calm down a bit as you are caring for some very important people.
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Unregistered 04:53 PM 09-05-2009
To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~
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Unregistered 01:54 PM 09-06-2009
Originally Posted by Unregistered:
To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~
Oh my! I think this is a joke. This is not O's mother.
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Unregistered 03:55 PM 09-06-2009
No joke, this is defiantly she.

I was Googling contracts and such at the beginning of this "situation" and the first Google result was this forum.

I have been watching the progress on here while dealing with the situation firsthand as well.

Now that I Aimee and I have come to a "mutual agreement" of sorts, I decided to post.

~"A"~
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Former Teacher 05:04 PM 09-06-2009
Originally Posted by Unregistered:
Oh my! I think this is a joke. This is not O's mother.
I TOTALLY agree! If they really had ANY decency, they would have registered. Or maybe it's perhaps Miss Aimee herself! Now that WOULD be something!
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Michael 09:59 PM 09-06-2009
FYI: The IPs are different. Not the same location.
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Chickenhauler 10:40 PM 09-06-2009
Originally Posted by missaimee:
My daycare is a profitable business, and I run it as such. I am not just trying to earn some extra cash. If I was a printing company, or paint company, or any other company, and I moved to a new location, my contracts wouldn't be voided and my clients wouldn't be able to weasel out of them. Why should I reward her irresponsibility? If I make an exception this time, I'll have to do it every time.
Yes, yes it would void the contracts if your customer was unable to get the product to/from you due to your new location, or if that move put a hardship upon your customers, they would be able to break the contract because of this.


For example, say you ran a vehicle repair business, and had a contract with a fleet to do their maintenance. You moved 10 miles farther away, making it a hardship for them to drop their vehicles off for repair. Any judge would see that their reason wasn't just to get out of the contract, but due to the move, there was a hardship placed upon them that was not of their making.
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Chickenhauler 10:48 PM 09-06-2009
Originally Posted by michael:
FYI: The IPs are different. Not the same location.
IP's are not permanent. Check your IP, turn off your modem and reset it, then power it back up. Now check the IP. It will be different.

I'm in Walcott IA right now (if I'm lyin, I'm dyin).....my IP says I'm in Greenville PA.
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Unregistered 11:53 PM 09-06-2009
IP address are either dynamic or static. There are only so many different IP addresses to go around, so every time you log on to the internet, your computer is assigned a different IP address.

I'm not sure what type of proof you would like me to offer that would validate my identity.

I have never logged on to this site before, nor do I feel it necessary at this time to create a user ID when I have no intention on posting on any other forum other than this one that specifically involves me.

Any suggestions, other than just taking my word for it?

~"A"~
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sweetcinna 06:14 AM 09-07-2009
Originally Posted by Unregistered:
To all who posted on this forum:

This is “O’s” mother.

I must say that I stumbled upon this forum quite by accident, but I am not very surprised by what Miss Aimee has posted here. Her emails to me were full of hateful statements that she had no right in saying, and as a business professional (as she calls herself) should not be saying.

I hope that next time she decides to post something on a website such as this she will filter herself a bit more, as what she has said in her postings is in fact considered libel.

I also hope that in the future she can learn to maintain a business like manner when dealing with those she is involved professionally, as her behavior was substandard at best. I also hope that she learns from this experience and it helps her to grow professionally as she continues her career with children.

I have filed several complaints against her with the local Family Resource Center in our area on several different levels. I also know that at least one other parent has done the same.

I will certainly not be recommending her, but "O" and I wish her the best in her future both professional and personal.

~"A" & "O"~
OOPPS! I guess this just goes to show you just never know who may be watching! Sometimes that "matter of fact" and "Its my opinion and and i don't care if you like it" adittude can turn around and bite ya right in the behind!
My opinion........I hope this is "O" mother.....She has come across on this board as a .......well....."know it all." I don't like to talk about anyone in a negitive manner, but when you cont. to attack someone after they have asked you to stop (mac60), i consider that a bully!
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mac60 07:08 AM 09-07-2009
Originally Posted by Chickenhauler:
IP's are not permanent. Check your IP, turn off your modem and reset it, then power it back up. Now check the IP. It will be different.

I'm in Walcott IA right now (if I'm lyin, I'm dyin).....my IP says I'm in Greenville PA.
This is what I have been told also about IP's , there are ways to change them. They are not permanent. Also, I would think you could go to different locations and post and the ips would be different too. Like library, college, etc.

There are even places to go to "hide" your ip addy, like Zen is one of them.
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Michael 11:20 AM 09-07-2009
True in regards to IPs changing. O's mother has been the same IP since she started posting.
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