I need some perspective and am more than willing to be told I'm in the wrong.
Backstory, exh had an affair and we split in April this year when I found out. He is still with OW
He insisted on introducing the DC to her 3 weeks after we split and only 2 months after he'd met her.
What followed was weeks of him refusing to spend time with the kids other than the approx 20/30 minutes on the 3 days I work and he picked them up from school.
After 2 and a bit months of this and with intervention from OW he agreed to have them on a Sunday (lives in a house share so can't have them overnight)
Both Sunday's he was over 40 minutes late and returned them after 2 hours not at the time we agreed.
On the second Sunday because he didn't like my attitude (the fact I was pissed off he was late again)
He decided he was going to break my phone so that I wouldn't have proof of his affair anymore.
I tried to stop him and got 3 hours of him assaulting me in front of the kids in return- kicking, punching, strangling etc. Police wanted to press charges but CPS said there wasn't enough evidence so he got away with it.
That was 5 weeks ago. He hasn't seen the kids since. Social services carried out an assessment on my ability to safeguard the kids 3 weeks ago and we're still waiting on the report.
I've asked the social worker if the kids are allowed contact with they dad and have been told in one instance that he's got to apply through court and in avother that we need to sort it ourselves.
Exh keeps emailing saying how much he misses dc and how desperate he is to see them. So last week I offered him the chance to see them on Sunday, he said no, that he wanted to sort it legally before he saw them, told me to leave him alone and not contact him.
Yesterday he emailed saying we need to discuss what days he can see the kids, he wants to take them out at October half term, to a pantomime at Christmas and to a party on New Year's Eve.
I've replied saying he made it very clear last week that he wanted to go the legal route so that's what he needs to do.
I also questioned where exactly the kids would be sleeping on New Year's Eve given that they're not allowed at his house, although I know the answer is at OW.
Am I being unfair? The thought of him spending time with the kids makes me feel sick. The last time they saw him he had his hands round my throat choking me but I know he's their dad so has the right to see them.