B(A) against B(J) (Sheriff Court Civil) [2025] SCEDIN 62 (25 August 2025)

B(A) against B(J) (Sheriff Court Civil) [2025] SCEDIN 62 (25 August 2025)

There was no material change of circumstances justifying variation of the decree of 23 May 2022. The incident on 29 September 2024 was isolated, the defender had addressed his alcohol use, and the pursuer's actions in changing Iain's school were motivated by her own convenience rather than Iain's best interests. The evidence did not support the pursuer's allegations of ongoing risk or abuse. Iain's welfare and educational interests are best served by maintaining the existing contact and schooling arrangements.

Citation
[2025] SCEDIN 62
Parties
Pursuer: B(A); Defender: B(J)
Jurisdiction
Scotland
Judgment Date
25 August 2025
Procedural Posture
Minute to Vary (family Law Child Residence and Contact) / Judgment After Proof (trial)
Outcome
Pursuer's minute to vary refused; defender's first plea in law sustained; no expenses due to or by either party.
Legal Topics
Variation of Contact and Residence Orders, Specific Issue Order (schooling), Material Change of Circumstances, Best Interests of the Child, Parental Responsibilities and Rights
Family Law Child Law Variation of Contact and Residence Orders Specific Issue Order (schooling) Material Change of Circumstances Best Interests of the Child Parental Responsibilities and Rights

Case Brief

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Parties

B(A)

Pursuer

B(J)

Defender

Procedural Posture

Minute to Vary (family Law Child Residence and Contact) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying variation of the decree of 23 May 2022
  2. 2 Whether contact between Iain and the defender should be reduced or terminated
  3. 3 Whether Iain should attend Primary School One or Primary School Two

Ratio Decidendi

There was no material change of circumstances justifying variation of the decree of 23 May 2022. The incident on 29 September 2024 was isolated, the defender had addressed his alcohol use, and the pursuer's actions in changing Iain's school were motivated by her own convenience rather than Iain's best interests. The evidence did not support the pursuer's allegations of ongoing risk or abuse. Iain's welfare and educational interests are best served by maintaining the existing contact and schooling arrangements.

Court Disposition

Pursuer's minute to vary refused; defender's first plea in law sustained; no expenses due to or by either party.

Orders

  • Refusal of pursuer's first and second craves (no variation of contact or schooling order)
  • Defender's first plea in law sustained