CGJK and Child Support Registrar (Child support second review)

This matter concerned a second review of child support care percentage determinations before the Administrative Appeals Tribunal. The parties, CGJK and LTQV, disputed the actual care arrangements for their two children, S and A, and whether existing care percentage determinations should be revoked or substituted to reflect a change in the pattern of care.

The primary legal issues before the Tribunal were whether there had been a change in the pattern of care for each child, and if so, whether the existing care percentage determinations should be revoked. The Tribunal also considered whether special circumstances existed that prevented the father, LTQV, from lodging an objection to the initial determinations within the prescribed timeframes. The Tribunal was required to determine the actual extent of care provided by each parent for both children.

The Tribunal considered the evidence presented, including the Federal Circuit Court Parenting Orders of 8 April 2015, which established a specific care arrangement. However, the Tribunal noted that the parties' positions diverged significantly regarding the application of these orders to each child. CGJK argued that the orders should be adhered to for child A due to no change in care, while contending that a significant change had occurred for child S, justifying a revocation of the existing arrangements. LTQV, conversely, emphasised the importance of respecting court orders and argued against unilateral changes to care arrangements, suggesting that a focus solely on actual care could create perverse incentives. The Tribunal acknowledged that a parent's percentage of care is generally determined by the actual care provided, often reflected in nights spent with each parent.

Ultimately, the Tribunal set aside the decisions under review. For child A, the Tribunal determined that from 7 February 2022 until 6 May 2022, CGJK had 14% care and LTQV had 86%. For child S, the Tribunal found that from 12 December 2021 until 19 March 2022, CGJK had 100% care and LTQV had 0%, and from 19 March 2022 until 5 May 2022, CGJK had 60% care and LTQV had 40%. The Tribunal made no findings on subsequent periods for which no appeal was before it.