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Yes, your children are old enough to "have a voice in the courts". If you were to take the matter back to court, you could request permission to bring the children to court where the judge could have a conversation with them and inquire as to their preferences regarding where to spend their time.
As to a modification, that might be difficult at this time. A modification is generally based on some significant and unanticipated change in circumstances since the last order was put in place. You stated you had "recently modified (the) visitation decree." If so, it seems unlikely that there would have been any substantial and unanticipated changes.
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You mentioned "unanticipated changes" in your reply regarding the modification performed 3yrs ago. Does the fact of his move 8 months ago apply to this criteria and also the "new arrangement" he made with our kids to decrease the visits at there request fit the request for another modification? I want to mention also that when he moved he did not inform me of this move and I learned of it through our kids. I had to call him to ask about the new girlfriend and propose travel arrangements. Is there a mileage to be considered with the visits? I would think that this would be reason for the modification. Not to mention, we've also had recent medical insurance issues that were not clearly outlined and have now created medical insurance conflict where the hospitals are stopping claims on both insurances.? These items are not clearly outlined in the modification??
I apologize, I had assumed that those things were part of the "recently modified" agreement. As you have no indicated that these things occurred after the modification, then yes, I would agree that these things could certainly be considered as unanticipated changes.
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