C against D (Sheriff Court Civil) [2025] SCAIR 48 (04 August 2025)

C against D (Sheriff Court Civil) [2025] SCAIR 48 (04 August 2025)

There has been no material change in circumstances since the previous order specifying C's school. The welfare principle is best served by John transitioning from his nursery to C's school, providing stability and continuity. The logistical and welfare arguments for D's school were not substantiated. The child's stated preference was not reliable due to age and parental influence. D's unilateral withdrawal of the placement request for C's school was improper and does not justify varying the order.

Citation
[2025] SCAIR 48
Parties
Pursuer and Respondent: C; Defender and Minuter: D
Jurisdiction
Scotland
Judgment Date
04 August 2025
Procedural Posture
Family Law Minute to Vary (specific Issue Order) / Judgment After Proof on Fourth Crave (specific Issue Order)
Outcome
Fourth crave of the defender and minuter's minute to vary dismissed; ex proprio motu order made for fallback school placement; no expenses due to or by either party.
Legal Topics
Specific Issue Order, Parental Rights and Responsibilities, School Placement, Welfare Principle
Family Law Child Law Specific Issue Order Parental Rights and Responsibilities School Placement Welfare Principle

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Parties

C

Pursuer and Respondent

D

Defender and Minuter

Procedural Posture

Family Law Minute to Vary (specific Issue Order) / Judgment After Proof on Fourth Crave (specific Issue Order)

Legal Issues

  1. 1 Whether the court should grant a specific issue order varying a previous order regarding the child's school placement
  2. 2 Whether there has been a material change in circumstances justifying variation of the existing order
  3. 3 Whether the welfare of the child requires a change in school placement

Ratio Decidendi

There has been no material change in circumstances since the previous order specifying C's school. The welfare principle is best served by John transitioning from his nursery to C's school, providing stability and continuity. The logistical and welfare arguments for D's school were not substantiated. The child's stated preference was not reliable due to age and parental influence. D's unilateral withdrawal of the placement request for C's school was improper and does not justify varying the order.

Court Disposition

Fourth crave of the defender and minuter's minute to vary dismissed; ex proprio motu order made for fallback school placement; no expenses due to or by either party.

Orders

  • Dismissal of the fourth crave (request for specific issue order for D's school)
  • Order: If John cannot be enrolled at C's school for 2025/2026, he shall attend D's school