Carman and Carman (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father, Mr Carman, against decisions of the Child Support Registrar and the Child Support Appeals Tribunal concerning 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 led to the revocation of existing percentage of care determinations and the making of new ones. The father argued that the Registrar and the Tribunal erred in their findings regarding the change in care and the reasonableness of actions taken by both parents.

The primary legal issues before the Full Court were whether the Registrar and the Tribunal had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in determining the percentage of care. Specifically, the Court had to consider whether there had been a change to the *likely* pattern of care, and if so, whether the actions of the father, who had a reduced period of care, and the mother, who had an increased period of care, were reasonable. The Court also examined the application of an interim period for the revised care arrangements.

The Full Court found that the Registrar and the Tribunal had made errors in their assessment of the change in the likely pattern of care and the reasonableness of the parents' actions. The Court reasoned that the existing determinations should not have been revoked based on the evidence presented. The principles applied involved a careful consideration of the statutory requirements for altering percentage of care determinations, including the need for a significant and ongoing change in the pattern of care and the assessment of whether actions taken by either parent were reasonable in the circumstances.

The Full Court set aside the decisions of the Child Support Registrar and the Child Support Appeals Tribunal and substituted new determinations for the percentage of care.