Beckner and Hudson (Child support)

This matter concerned an appeal by Beckner (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. Beckner sought to have the existing percentage of care determination revoked and a new assessment made, arguing that there had been a change to the likely pattern of care. Hudson (the respondent) opposed this application. The matter came before the Child Support Special Referee.

The central legal issue before the Special Referee was whether the circumstances constituted a "change in the likely pattern of care" of the child, as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Special Referee to assess whether any variations in the day-to-day care arrangements amounted to a substantial alteration in the overall pattern of care, thereby justifying a revocation of the existing percentage of care determination.

The Special Referee found that while there had been minor variations in the day-to-day care arrangements, these did not amount to a significant change in the overall pattern of care. The court applied the principle that minor fluctuations or temporary deviations from an established routine do not necessarily constitute a change in the "likely pattern of care" for the purposes of the Act. The existing percentage of care determination was therefore affirmed.