Carden and Carden (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (the Tribunal) by the father, Mr Carden, against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' child. The father sought to have the existing percentage of care determinations revoked, arguing that there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child since the last percentage of care determination was made. Specifically, the Tribunal had to assess if the father's asserted changes in care arrangements met the threshold for revoking the existing determinations under the relevant legislation.

The Tribunal found that the evidence did not establish a change to the likely pattern of care. It applied the principles that a change must be significant and likely to be sustained to warrant a revocation of existing determinations. The Tribunal concluded that the father had not demonstrated that the care arrangements had altered in a way that would justify revoking the current percentage of care.

Consequently, the Tribunal affirmed the decision of the Child Support Registrar and refused to revoke the existing percentage of care determinations.