So to confirm the timeline, in November last year childrens services and Cafcass in Swindon were dealing, Cafcass gave the social worker permission to produce the section 7 which she did and the residency arrangements were put into place until the sale of the family home which will not be for a while yet. There was also an occupation order but he didn't adhere to that. There was also a non molestation order given against him. At this time he tried, unsuccessfully to get the judge changed.
He then submitted his divorce petition to salisbury court ensuring a change of Judge, telling them that the childrens arrangements were that she had them for one night every other saturday along with with many other falsehoods. They were already living week on week off in the FMH.
Her (legal aid) solicitor told her to ignore it as he had filed in the wrong court and they would not be able to hear it as the childrens issues were already in play in Swindon, so she ignored it.
She then received in January a letter confirming application had been served. To which her solicitor said she would acknowledge but ignore as again it was in the wrong place.
She has now received notice that the decree will be issued next week and it states that there is entitlement to the decree for proven unreasonable behaviour, she has never had a form or statement to fill in and has never been allowed or asked to contest this petition.
It also says that the court does not need to exercise its power with the childrens act 1989, which is impossible as the children are subject to an order.
Tomorrow morning we are going to salisbury courts to have the decree halted on the grounds that it is false and in the wrong place and that we do not understand why no effort has been made to have her side of the story told, or why the court did not do more research into whether he was telling the truth about the children.
That is where we are, any advice for our journey tomorrow would be very helpful and please don't say get a solicitor as she has been abandoned by the last one and has nothing but the will and support of friends to support her, he has lied and stolen and left her destitute.
Thank you for any help you can give.