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How can i revoke an agreed temporary order?

ssm1604's picture

I just signed an agreed order so my current wife cannot watch my daughter on her own. Here is some background to my story. Me and wife have been together 4 years now and have 2 kids together and I have a daughter from my past relationship. My daughter is 6 now will be 7 in December, and been living with us since she was 4. Back in July of this year my wife spanked my daughter and my ex found out about it. Well she called CPS; they did an investigation and closed it a month later. Well since then my ex has taken us to court and my lawyer advised me to sign a temporary "agreed" order. Is that the right move? We are scheduled for mediation on December 14th at the Dispute Resolution Center in my area. My wife can't be alone with my daughter for 2 months?

Comments

doll faced sm's picture

You probably can't unless all parties who agreed to it also agree to disolve it. I can't tell by your post, but it sounds as if your ex also signed it. If so, you're pretty much sol for the next two months.

Honestly, though, you can look at this as a positive. It'll improve your relationship overall if your current wife doesn't always feel as though you expect her to watch your daughter (read some posts on this board if you don't believe me). Look at this as an opportunity to become familiar with the process of finding appropriate child care and learning to prioritize and organize your schedule so that you can get your daughter to her day care on time. If you can become proficient at this *now*, then later, when your wife is stressed over [fill in the blank] and just really needs a break from the sm thing, you'll already be confident in your ability to handle the day-to-day care for your daughter.

reallifedrama's picture

ARE YOU F'ING SERIOUS?????

Your wife should NEVER be alone with your daughter, and you need to act like a father and if there's a problem, act like a dayum man and handle it instead of letting your wife hit on your kid. I wish I was your judge. You'd have to see your kid in the presence of child protective services if it were up to me-and that's only because I wouldn't be allowed to hand your ex money and tell her to take her and the kid out of the country and to never contact you again.

OMFG! I swear if another woman put their hand on my kid while I was still alive....OH and EVEN worse is if their father allowed it, OH JUST HELL NO! Wouldn't want to even think about it. I'm a step mom, and I might feel angry inside at the rudeness and ignorance my SS has displayed, BUT NEVER would I touch him...EVER....PERIOD!

You're lucky your ex lets you even see your child, because if it were me, you'd need a lot more than a court to EVER get me to release her to you. OMG OMG OMG!!!! I'm pissed at you and your wife, I can't imagine how your ex is feeling!!!

I am going to guess your wife will be here in a few years complaining, wondering and pondering over why your daughter doesn't respect her, and talking about how "evil" of a child she is. Guess what? I would torture that bitch if I was your daughter.

STOP LETTING PEOPLE HIT YOUR KID, and learn how to be a father and discipline her YOURSELF dayum you!

Jsmom's picture

Steps should never discipline...NEVER! Because of situations like this. You are out of luck and need to just let it expire. Also, shame on you for having your wife that involved with the raising of your kid. It is not hers and she should only do what she is comfortable with. If it got to the point where she got physical, she had to be really frustrated. That is on the bio parent to handle, not a step.

As for BM, her kid and if she doesn't agree to anyone punishing a child that way, she should stand up for the child. Let it expire and then you do the parenting of your child. Also, I will bet your wife is tired of this situation and having to parent that child. You may want to check in on your marriage and make sure she is okay with this mess. This would make me consider leaving...

IceQueen's picture

In my personal opinion, there are some instances where a spank is appropriate.

I will never forget I was getting one child out of a car seat and my other child thought it would be funny to run out across the road towards oncoming traffic. The child had managed to get out of her car seat and open her car door.

I grabbed my child, hugged her because I was so happy that she wasn't hit by a car, then I proceeded to wail on her bottom. Not because I was angry, but because I was scared that if I didn't make an impression that she would think that it would be funny and okay to do in the future. For her own safety I had to make sure that she would know (even out of fear of a spanking) that it was NOT okay to do ever!

I don't care if it was a step or a bio, if you are in my care you are going to get my consequences. Meaning if you want to act like a fool and cross a street, then I need to make sure that will never again happen. (btw- it was my bio that I spanked)

But getting back to the OP -
It makes me angry to hear that your wife was good enough to provide care for your daughter when your ex-wife decided to step out from being her mother, but was supposed to be regulated to being nothing more than a babysitter who can't discipline ??? Most normal adults don't discipline a child because they derive pleasure out of it, but rather to correct a behavior that may be harmful to the child or to others around the child.

If a child is in my care, and that child is doing something that is harmful to themselves or anyone else, then I feel it is my duty to ensure that the safety of that child and to ensure that anyone around the child is safe from the child's actions. If the child is acting out of control while in MY CARE, then I will discipline the child.

If this is an order, then you need to give BM a schedule of all the dates that you will be working or have plans, and then EXPECT THE MOTHER WHO WANTS THIS ORDER, to make accommodation to find a babysitter (on her dime) of her choice.

You and your ex should have been thankful that your wife even wanted to care for our daughter. As you may have read, it is because of situations like this that many of us step-parents choose to disengage and not care for their step-children in any way.

DaizyDuke's picture

People.... OP says the kid has been living with them for 2 years there is ALOT of information we DON'T know... what provoked the swat/spank? Was child in danger? Was another child in the household in danger? Was dad out of town, at work, not home? and I'm not going to get into the great spanking debate with anyone so don't bother with that crap, but some of you are acting like the SM beat the kid. If CPS closed the investigation, apparently there was no cause for concern.

With that being said OP, for HER OWN safety and sanity, your wife needs to refrain from any type of punishment of your SD in the future... ever. This will protect her from any future witch hunts.

HarleyQuinn's picture

OMG I cant believe how hard some of you are being on the wife. I agree with dtzyblnd. So they want her as a SM to love and look after the skid as her own but when it comes down to discipline then its a no no. As for childcare hitting your kid, that is COMPLETLY different! a SM is a parent to that child, not a stranger nor a babysitter. The fact the OP signed the order- OMG you would be kicked the hell out of the house if I was your wife.

The wife spanked, NOT beat the child. BIG difference. I had the same incident with the road as IceQueen with my SD2, but instead of SD2 being just upset, child smacked me on the face and scratched at me like a wild animal (not the first time), granted it was only a smack on the wrist but I did it and do not regret it, if it was my bio child would have been spanked on the bum. Kids need to learn to respect their parents, whether bio or step.
OP if you want to issue this against your own wife, then I suggest you seriously look at why you married her, as I'm sure like most SM's on here, she would not disicpline her skid harsher than her own bio. Stand by your wife and be grateful she even bothers looking after YOUR kid coz trust me itis NOT fun.

StickAFork's picture

I love and looked after SD like my own bios, and NEVER spanked her.
These are not mutually inclusive.

stepmom22boys's picture

The whole idea that a SM should never discipline a step child is the reason I refuse to be alone with my steps. I had the NERVE to send SS12 to his room until DH got home from work. Of course, SS12 called BM and complained..she freaked about me discipling HER child. I refuse to have any child in my care without the right to discipline said child. If DH has to work/go out of town for work, BM has to make arrangements or just miss her weekend. She changed her mind when she realized she was going to miss her free time, but I didn't change my mind and still stand firm in the decision I made after she freaked.

BTW-he was playing with a large knife...

StickAFork's picture

Dude, I'm with your XW on this one. Your new wife should never, ever lay a hand on your child.

I never hit my SD, and we were custodial for a number of years.

If anyone ever hit my kids, there'd be serious hell to pay. I don't hit or yell at my kids...some new love of their father's does NOT get to.

not2sureimsaneanymore's picture

I too, come from the "To each family their own" group. However, due to the precarious nature of stepparenting, I think the stepmother should not spank, not because I think the spanking wasn't warranted, but because she can get into hot water with psycho BMs.

Please be responsible for your child. Are you trying to revoke it because you find out that it's so much harder to be a caretaker, which you should have been to begin with, without your wife doing most of the work?

YOU put your wife in this situation but making her be the primary caretaker and now this had blown up and probably caused her much heart ache and embarrassment. Hopefully she is not a teacher, a nurse, or a counselor in which this blemish on her record would cause her to lose her job. YOU should take responsibility for your child, not pawn it off to your wife. And I'll bet dollars to donuts that the spanking was warranted.

On the issue of spanking:

If I believed in spanking (which, as I have no children as of yet to figure out my stance on it), I would allow their caretakers to spank them if they did something wrong as long as it was the appropriate severity of spanking.

This is only loosely related but:

The other day I attended a charity event for drug addicts for work, and something one of the speakers said hit home--it takes a village to raise a child. When he was young, his parents not only allowed, but requested the community keep an eye on their children. If their neighbors saw their kids do something wrong, they had the full permission to spank them. If they felt uncomfortable about spanking the kids, then they could tell the parents when they got home and they would spank them. He says that was why he never went down the wrong road of drug abuse and addiction, because he had parents loved him enough that they taught him the consequences of his actions and that he couldn't pull the wool over their eyes because they had the support of the entire community.

So some people might believe spanking is wrong, but it isn't always and each family is allowed to discipline in the way they see fit. I'd want my kids be raised like this too.