Sanderson v. Sanderson [1921] ScotLR 476 (31 May 1921)

Sanderson v. Sanderson [1921] ScotLR 476 (31 May 1921)

The Court's statutory jurisdiction to regulate custody, maintenance, and education of pupil children in divorce actions is exhausted by the final decree unless a reservation of right to apply for further orders is expressly included. In the absence of such reservation, further regulation can only be obtained by fresh proceedings.

Citation
[1921] ScotLR 476
Parties
Pursuer: Arthur Buchanan Sanderson; Defender: Mrs Stella Winifrid Woodthorpe Robertson or Sanderson
Jurisdiction
Scotland
Judgment Date
31 May 1921
Procedural Posture
Divorce / Post Final Decree Application to Vary Custody Order
Outcome
Application to vary custody order refused as incompetent.
Legal Topics
Divorce, Custody of Children, Variation of Custody Orders, Final Decree, Jurisdiction
Family Law Divorce Custody of Children Variation of Custody Orders Final Decree Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Arthur Buchanan Sanderson

Pursuer

Mrs Stella Winifrid Woodthorpe Robertson or Sanderson

Defender

Procedural Posture

Divorce / Post Final Decree Application to Vary Custody Order

Legal Issues

  1. 1 Whether the Court can vary custody provisions after a final decree of divorce without reservation of right to apply for further orders
  2. 2 Competency of post-decree applications regarding custody, maintenance, and education of pupil children

Ratio Decidendi

The Court's statutory jurisdiction to regulate custody, maintenance, and education of pupil children in divorce actions is exhausted by the final decree unless a reservation of right to apply for further orders is expressly included. In the absence of such reservation, further regulation can only be obtained by fresh proceedings.

Court Disposition

Application to vary custody order refused as incompetent.

Orders

  • Lord Ordinary directed to refuse the minute for the defender.