Looking for some advise really -
a little background ,, separated and divorced 8 years ago - finalised child arrangement order 2 years ago - other parent went for full custody (didn’t get it) I went with Cafcass recommendations but then when judge didn’t give custody and then refused shared care - the other parent requested less than Cafcass-
a month into the new arrangement , 2 of the children were made to leave - 1 wasn’t allowed to return to the home for almost 5 months and was kicked off their family holiday - in November last year the same thing happened again and other parent said he won’t have them due to their behaviours - he randomly turns up on his ‘ordered’ weekends and demands to take them for a few hours - all children usually go -
this weekend he has collected them for the night but has now messaged me saying he thinks our 10 yr old should live with him - him and his partner has spoken to him and he apparently wants to try this.
currently trying to think with my head not heart.
first time in 3 months he has even bothered to have them over night when he was supposed to have them 3 nights fortnightly.
my question is - is it worth me doing a c79 for him to follow the order or if our son says he now wants to stay with him - will a judge ignore all emotional abuse and harm they have experienced and let him decide - he’s almost 11.
he breaks almost all the order and even wrote that the order is worthless he will do what he wants -
I guess I’m struggling to know if I should go back to court and will consequently bring more upset or if a family courts will take this seriously enough.
many experiences in this ?