Benstock and Latymer (Child support)

This matter concerned an appeal by Benstock against a decision of the Child Support Registrar regarding the percentage of care for a child. Latymer was the other party to the proceedings. The dispute centred on whether there had been a change in the care arrangements for the child, and consequently, whether the child remained in the care of the parent as determined by the Registrar.

The primary legal issue before the court was to determine whether the Registrar's decision, which affirmed the existing percentage of care, was correct. This required the court to consider the evidence presented regarding the child's living arrangements and whether these arrangements constituted a change sufficient to alter the established care percentage under the relevant legislation.

The court affirmed the Registrar's decision, finding that the evidence did not establish a material change in the child's care arrangements that would warrant a reassessment of the percentage of care. The principles applied focused on the threshold for establishing a change in care and the evidentiary burden required to demonstrate such a change. The court was satisfied that the child continued to reside with the parent in a manner consistent with the existing care percentage.