child care dilemma..please help!!

[justusgirlz]

Removed children from child care because of several incidents the last of which ended up with infant getting black eye after pulling a tonka truck down from a shelf. At the same time was informed by school that 2 persons who I do not know and have never met have picked up pre-schooler from half day program. Removed children immediately after this. Contract signed stated that "2 weeks writtennotice must be given to provider before children are permanently removed for any reason. Two weeks of daycare cost will be accepted in lieu of notice". Am being taken to court for breach of contract, because 2 weeks notice not given. Can I argue that she breached her own contract by allowing strangers who are not in her employ and do not have the required background check etc etc on file and whom I do not know pick up my child? In addition adequate care was not provided to allow infant to pull down truck and get swollen eye (took pics). Therefore, for the safety of children immediate removal was necesary and should not be held to two weeks pay in lieu of notice per contract? Thanks for any help provided

 

[justusgirlz]

Judge granted her the two weeks pay because he understands my position as a parent the situation was not an emergency and therefore I could have given her the two weeks notice because "bumpa and scrapes" happen all the time. Disappointed in ruling is there any recourse or is this final?

 

[Duranie]

If it was small claims court, most of the time you cannot appeal but you might want to google the laws in your state.
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If she was licensed, then you can complain to your state board about unauthorized persons picking up the children. Can you clarify this? I mean who were these people that picked the child up from daycare?

I understand your position and I probably would have yanked my kids out of there too with no notice. Your kids were at risk. I am surprised the judge awarded the amount given it seems like you had legit safety concerns for breaching the contract.

 

[justusgirlz]

She said one was her mother whom I had never met, the other she never did say who that person was nor did the judge as her to clarify