Question about terminating childcare due to fear

[Mamabear4]

I need advice regarding child care. My two kids have been going to a privately run dayhome since sept. They go part time. My son has been very stressed about going there for at least the last month or so. He tells me things they do or don’t do(she makes him nap, they didn’t have lunch) and when I check with her she says oh no we put My daughter(she’s 1) for a nap together or we had this for lunch(all plausible as he is 3 and tests his limits) then he started saying he was scared to go. The first day it was really bad he said he was scared of her and had a huge breakdown and I had to call in sick to my new job. Every Time they go they both have a huge freak out about it. My son has even started saying the night before he doesn’t want to go cause he is scared then yesterday when DH pulled up to drop them off he freaked out so bad, kicking and screaming and trying to buckle himself back in the car my husband just took him home. I messaged the dayhome provider last night and terminated care because we just can’t force him to go. He has gone to another dayhome for a day last week that ours was closed and was super happy to go and no issues. Anyways I asked her if we couldBWork something out with this months payment because we were withdrawing due to his fear of going there and she said no way that we signed a contract so we owe her the full fee for November and if we don’t pay by 8am tomorrow she will take us to small claims court. I’m just wondering if anyone has experience with a similar situation or even if our contract would be binding. It doesn’t have any dates on it or $ amount owed. It does have a section about termination of care. It also says payment is due The 1st of the month but not a certain time of day. She also has yet to provide me with any receipts for care. Just help please. I’m so stressed out.

[BlueRose]

You willing signed her contract that states you owe a months termination notice (with pay). The reason you terminated care is irrelvant. The fact she has a crapy could help you in court, but not a guarantee of not having to pay. Personally I would just pay and move on. If you feel that the provider was hurting/negelcting his basic needs then I would report her. She legally has to provide you with a reciept for all payments you have made. If she doesn't please report her to Canada Revenue Agency.

I am sorry that your son is had a bad experiance. I hope his next daycare works out for all of you.

[Busy ECE mommy]

If your payment is due on the first for the whole month, then I would think you are responsible to pay for the month, depending on when you gave notice. Your contract should specify what the termination notice requires. Most contracts say that payment is due during the notice period, regardless if you choose to send your child or not.