Anstead and Anstead (Child support)

This matter concerned an appeal by the father, Mr Anstead, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had made a determination that the father had 35% of the care of the child, which resulted in no child support being payable by the father. The mother, Ms Anstead, sought to have this decision reviewed, arguing that there had been a change in the likely pattern of care.

The primary legal issue before the court was whether the Registrar had erred in making the initial percentage of care determination, and consequently, whether the subsequent decision to revoke existing determinations and make new ones was justified. Specifically, the court had to consider whether there had been a change in the likely pattern of care that warranted a review and redetermination of the child support percentages.

The court found that the Registrar had failed to properly consider all relevant evidence regarding the pattern of care. It was held that the Registrar's decision was based on an incomplete understanding of the factual circumstances and that the evidence presented demonstrated a significant shift in the child's living arrangements. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the likely pattern of care, emphasising the need for a comprehensive assessment of the child's best interests and the practical realities of the care arrangements.

The court set aside the Registrar's decision and substituted its own determination, finding that the mother had 65% of the care of the child and the father had 35%. This resulted in the father being liable to pay child support to the mother.