Thank you BL, really grateful for your comments. I know everyones circumstances are different and we are also in different countries and so on.

We can D without having a custody agreement and my preference would be to keep that out of court, things change and so far, not without some disputes, managed to agree things re kids. H has them 3 night i have them 4, ultimately i have them more either way, as he is with OW and there are times when he doesnt see the kids 3 nights for whatever reason and i dontt push it, as it means i get to see my kids more! If he took me to court over this the likely hood would be that it would be a 50/50 split, would it be best for the kids? Unlikely as they both say they want to stay at home more and S7 particularly doesnt like OW living with dad, he cant fully relax there and has to constantly manage what he can and cant say.

I would never say the kids are staying with me, but there are times when S7 really struggles and i can see that his anxiety is through the roof, it doesn't happen every time but i would like the flexibility to allow S7 to stay at home if he is feeling like that. Also with S6 having ADHD its actually healthy for them to spend some time apart from each other.