Bopara and Essa (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding child support assessments. The parties, referred to as Bopara and Essa, disputed the percentage of care arrangements for their child. The primary issue before the court was whether the existing percentage of care determinations had been correctly revoked and new determinations made by the Registrar of the Child Support Agency.

The court was required to determine whether there had been a change to the likely pattern of care of the child that warranted a revocation of the existing percentage of care determinations and the making of new ones. This involved an assessment of the evidence presented regarding the actual care arrangements and the likelihood of those arrangements continuing.

Judge Noonan M affirmed the decision under review, finding that the Registrar had correctly determined that there had been a change to the likely pattern of care. The court applied the principles governing the assessment of percentage of care, which require a consideration of the actual care provided and the reasonable expectation of future care. The evidence supported the conclusion that the existing determinations were no longer reflective of the child's living arrangements.