My children would like to go week by week ( custody of children) and have both mentioned this several times since my ex-wife and I separated in 2012. They are 13 and 11 however the family court orders were only put in place August 2013 with a 9/5 arrangement. When I tried to initiate mediation again in January, my ex just refused to go. The contact there raised concern at the fact it was a recent order when I said I wanted to take it to court as a next step. How much of a problem is the fact that the order is recent? Laws surrounding the age of a child allowed to make up their own mind about access are vague to say the least. It seems there is no number written down. My lawyer at the time used the term “They’re almost old enough to let their shoes do the talking” and avoided a number. My son has told me when he’s 12 he’ll be making the change. Is this possible? If that is the case, it would be better for my children if I just wait it out until he is 12 , otherwise I should try and get it changed asap as long as it's not going to just get thrown out because it's recent.