Bircumshaw and Smeaton (Child support)

This matter concerned an appeal by Bircumshaw (the applicant) against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the child support payable. The appeal was heard by A Byers M in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Registrar’s decision, which found no change to the likely pattern of care, was correct. This required the Tribunal to consider the evidence presented regarding the care arrangements for the child and to assess whether those arrangements constituted a "change" in the sense contemplated by the relevant child support legislation.

The Tribunal reviewed the evidence and found that while there had been some fluctuations in the day-to-day care arrangements, these did not amount to a significant or lasting change to the overall likely pattern of care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the definition of a "change" in the pattern of care. Having concluded that no such change had occurred, the Tribunal set aside the Registrar's decision and substituted its own finding that the pattern of care had not changed.