Can someone pls assist me regarding the most appropriate method of filing an application in our children's matter, (Form 1 New App or Form 2 App in a Case), given the following facts:
- childrens' matter finalised June 2020 by way of Final Orders for their living arrangements awarding custody to Father & sole parental responsibility to Father (default, I stopped participating as part of a side deal he struck with me via our middle son to commence sleepovers)
- eldest son, now 13, had his wishes heard & granted by the Court at age 10yrs3mths re: living arrangements ( I haven't seen him since)
- youngest daughter, now 8, stopped visiting me in Dec2019 aged6, against Interim Orders (not before the Court)
- Middle child, now 10yrs10mths, wishes to live with me & spend time with his father as per his wishes
- Significant Change of circumstances has occurred similar to that of Rice & Aplsund (1979), my housing has stabilised & I've since remarried, we reside 700mtrs from the marital home & children. I have texts from last wk from the Father confirming his approval of my current living arrangements & also my partner, & offering extra 1 night per week sleepover for middle child on condition I sign his Property Settlement Offer, which is considerably less than it appears I will receive if proceeding to Court
- Conciliation Conference in 2 wks for Property
- Much pressure being placed on middle child, he's begging me to take the offer to stop his father pressuring him & sending messages via him to me
- Evidence of Neglect of children by the Father exists which may warrant a Form 4 & Urgent Hearing
- Middle child expressing signs of anxiety & talking of running away from his fathers. The distress appears to be increasing each visit, all of his requests for extra time with me are rejected by the father.