CDNC and Child Support Registrar (Child support)

This matter concerned an appeal by CDNC against a decision of the Child Support Registrar regarding the percentage of care she provided for her two children, 'J' and 'A', following her separation from VKGD. The dispute arose because CDNC and VKGD continued to reside in the same household after their separation, leading to differing accounts of the care arrangements for the children. The appeal was heard by Dr L Bygrave, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine the appropriate percentage of care each parent provided for the children from 19 April 2018, considering that their care arrangements were "something other than equally shared." This required the Tribunal to weigh the evidence presented by both CDNC and VKGD, which contained significant discrepancies regarding the post-separation care provided to 'J' and 'A'.

The Tribunal found that CDNC provided detailed and consistent evidence of her daily care routine for the children, which was particularly important given 'J's autism and need for routine. This evidence was supported by statements from the assisted school travel driver, who confirmed CDNC's consistent presence with 'J' in the mornings and afternoons. In contrast, the Tribunal found VKGD's oral evidence to be vague, unclear, and inconsistent with his written logs, particularly concerning his post-school care responsibilities. The Tribunal concluded that CDNC had demonstrated she provided the majority of care for the children.

Consequently, the Tribunal set aside the Registrar's decision and substituted its own finding that CDNC had a 70% care responsibility for the children, with VKGD having 30% care, from 19 April 2018.