Carmichael and Farlow (Child support)

Carmichael and Farlow concerned a dispute over the percentage of care for a child. The applicant, Carmichael, sought to have the existing percentage of care determinations revoked and new determinations made. The respondent, Farlow, opposed this application. The matter came before J Thomson M of the [Court Name].

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing change from the previously determined pattern of care.

J Thomson M considered the evidence relating to the child's living arrangements and the practicalities of each parent's involvement in the child's daily life. The court applied the principles established in child support legislation and relevant case law concerning the assessment of percentage of care, focusing on the factual circumstances and the likelihood of the observed pattern continuing. The court found that the evidence demonstrated a material change in the likely pattern of care.

Consequently, the court set aside the existing percentage of care determinations and made new determinations reflecting the changed circumstances.