X AGAINST Z [2023] ScotCS CSOH_48 (29 March 2023)

X AGAINST Z [2023] ScotCS CSOH_48 (29 March 2023)

Mr Z's financial circumstances have changed since the Minute of Agreement, but not to the extent that he is relieved of all liability. For James, it was reasonable for Ms X to secure a new school after he was asked to leave school A, and Mr Z is liable for all fees at school D from 3 December 2021 to 4 July 2022. For Euan, Mr Z remains liable for fees up to 4 July 2022, with a variation thereafter to one sixth of the fees due to both parties' resources. For Diana, Mr Z is liable only for the equivalent of school B's fees until autumn 2023, then one sixth of school E's fees, as the move was unilateral and not justified by need. Both parents must contribute from capital if necessary, as...

Citation
[2023] ScotCS CSOH_48
Parties
Pursuer and Minuter: X; Defender and Respondent: Z
Jurisdiction
Scotland
Judgment Date
29 March 2023
Procedural Posture
Family Law (aliment, Variation of Agreement) / Judgment After Proof (trial)
Outcome
Partly in favour of Ms X; Minute of Agreement varied as specified; orders for payment of school fees apportioned as per judgment.
Legal Topics
Aliment, School Fees, Variation of Agreement, Child Maintenance, Parental Rights and Responsibilities
Family Law Aliment School Fees Variation of Agreement Child Maintenance Parental Rights and Responsibilities

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Parties

X

Pursuer and Minuter

Z

Defender and Respondent

Procedural Posture

Family Law (aliment, Variation of Agreement) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Mr Z remains liable for private school fees for the parties' children under a Minute of Agreement in light of alleged change of circumstances
  2. 2 Whether the Minute of Agreement should be varied regarding Euan's school fees
  3. 3 Whether Mr Z is liable for fees at schools not specified in the agreement (James and Diana)

Ratio Decidendi

Mr Z's financial circumstances have changed since the Minute of Agreement, but not to the extent that he is relieved of all liability. For James, it was reasonable for Ms X to secure a new school after he was asked to leave school A, and Mr Z is liable for all fees at school D from 3 December 2021 to 4 July 2022. For Euan, Mr Z remains liable for fees up to 4 July 2022, with a variation thereafter to one sixth of the fees due to both parties' resources. For Diana, Mr Z is liable only for the equivalent of school B's fees until autumn 2023, then one sixth of school E's fees, as the move was unilateral and not justified by need. Both parents must contribute from capital if necessary, as...

Court Disposition

Partly in favour of Ms X; Minute of Agreement varied as specified; orders for payment of school fees apportioned as per judgment.

Orders

  • Mr Z liable for all of James's school D fees, invoiced extras and education costs from 3 December 2021 to 4 July 2022.
  • Mr Z liable for all of Euan's school C fees up to 4 July 2022; thereafter, liable for one sixth of Euan's fees, invoiced extras and education costs.