I know this is a question for DHs attorney, but I thought maybe you all would have some thoughts and ideas too.
I was talking on the phone with BM last night, making plans for the weekend (we're going to try and take all our kids to see Santa at once because BM wants me to take pictures). I hear kids screaming in the background off and on. Then all of a sudden I hear SD (9) start crying. I then hear BM's husband yelling. His exact words were "Shut up. I didn't even hear him hit you. It couldn't have hurt that bad." I'm assuming "him" was SDs little brother (he's two). She's still crying and says "He hit me in my eye!" StepFather replies "I didn't hear anything, you're fine, stop crying!" BM asks me if I will talk to SD. I do, and she calmed down. Then she says she has to go, they are at Mommy's work, getting ready to drop her off.
This is frustrating on so many levels. SD is quite a bit older than her other siblings (5, 2, and 1 at BM's and almost 18months at our house), but I feel like BMs kids are always wailing on her and she's not allowed to do anything about it. She isn't allowed to spend time in her room when she is with BM, she has to be with her family, which I would agree with, except she has expressed that she is constantly getting her hair pulled, getting hit, punched, and poked. And NO ONE in the house (BM, SF, or SF's parents who they live with) will do anything about it.
I know we can't tell BM how to parent her kids. I hesitate to tell SD to whop her brother and sisters right back since they're so much younger than her, but she is coming home with bruises from these kids... So is there really nothing we can do here?
Re: Nothing we can do?
You're probably right. What do we tell her when she asks us what to do? I'm at a loss here.
This!
DH and I have a hard time viewing SF as a parent to anyone. He's hardly ever home, uses money they don't have to go bowling, chew tobacco and drink, and doesn't participate in any of the kids things (recitals, school events, nothing). And for the most part, we get along with BM. But she is incredibly defensive of her H. She absolutely would fly off the handle.
To top things off the guy is 6ft 5in and about 260lbs. He's a large dude. And naturally loud, so it sounds like he's yelling all the time.
DH got SD an appointment with her counselor. Maybe she'll have some ideas. This sucks.
No, I don't think there's anything you can do. I understand where you're coming from, but I think encouraging her to fight back with a kid smaller than her is asking for trouble. Encourage her to walk away, go to the other side of the room, remove herself from the situation.
Another thing you could think about--enroll her in a martial art. DS does taekwondo and he's learned a lot about how to defend himself and handle himself around people.
My 2-yo DD has once or twice thrown something at DS that has hurt him. We correct her and make her apologize, but he is certainly not allowed to hurt her back. At his age, he knows better. And he's a brown belt in TKD. He'd be punished pretty severely if he intentionally hurt her.
ETA: We don't tell our kids to "shut up." But I have witnessed my 7-yo dissolve into tears because his 2-yo sister looked at him. When he is genuinely not injured, I have no problem telling him to knock it off and stop crying.
We don't want to teach her to hurt them back. They're little kids. We just want her to feel like she's safe.
Taking her to the counselor and she said she will try (again) to get BM to come do a session with SD, just the two of them.
Martial arts classes might not be a bad idea. I know she has friends that take them. Might help her feel more in control. As long as she knows not to use the other kids as practice dummies!
We make notes of the incidents, but don't take photos or anything. SD is 9 and I don't want her thinking that getting a bruise is a big deal. If it gets bad though....
I can only speak for DS's instructors, but they are awesome with this. The kids are absolutely never permitted to hit another child.
They focus more on how to deal with being bullied, how to walk away, how to block, how to control your body.
About a year ago, one kid got in trouble at school because he apparently palm-heeled another kid in the chest. They took him down two belt levels and gave him some community service projects to complete.
DS's class is probably 3/4 boys and 1/4 girls, but the girls kick the boys' butts. It's amazing.