I have a 9 year old and a 5 year old from my last relationship, I have not been with their mother in 3 years, I left as all we did was fight, everyday was a screaming match, and I hated it as we fought in front of the kids. In the 7 years we were together I can't remember a time that we were not seriuosly fighting. Every weekend and half of all holidays(or what she considers hiolidays) I have the kids and this has been the way its been for 3 years. We still can't get along even in dropping off and picking up the kids. My oldest as recently been asking about moving in with me my new girlfriend and our kids, I would love to have him here, and he said he has metioned it to his mother and all she does is scream at him and tells him no.the 5 year old has not said anything and I don't want to puch anything like this on them. I really want to know what options I do have as we really want him here and not to get his mother mad or anything but he really enjoys it here, she has had a few CAS cases in the last 4 years as well and when he was a baby she had issues with CAS and had to live with her mother to keep custodiy of him give custodity to me. I just want my sons to be happy. We are located in Ontario Cananda and any adive would be great.
Thanks

Go to Court and request custody or one or both of the children - if their mother is abusive and unstable you should take action to remove both of them from her care. You will need to PROVE that she is a danger to them in some form or another.

When he was younger they were involved as she grabbed him by the arm and left her hand print on him.. I called on her as I was not sure if that was the first time or not as she was not working and I was working 2 jobs so hardly ever home. Every case has been closed, I was really mad that last year I went to pick the kids up a little early from school as we had a show to go to and when I got there the oldest's teacher informed me that he was staying in school for gym all week as she would not provide the 2.00 for the access to the tennis courts, I paid it and signed the concent form, the teacher also informed me that he needed shoes.. when I looked at his feet I couldn't believe it his toes were on the carpet in front of the shoes.. I asked him if he had differnet shoes, he informed me and the teacher that 'Mommy said I don't need new shoes as I will just grow out of them too' both the school and myself brought it to cas attention the case was dropped because she went and bought him shoes and it's not like I don't pay support to her I pay about 400 a month.

Get yourself a lawyer and he will tell you what proofs you need to assemble to go to court. But the bottom line is you need to go to court and request a change in custody. At 9, I doubt if your child's preference will carry much weight with the court. But if you can prove a pattern of abuse and neglect, then you may be able to get primary custody changed.