Chanoine and Goldin (Child support)

Case

[2023] AATA 1040

22 March 2023


Details
AGLC Case Decision Date
Chanoine and Goldin (Child support) [2023] AATA 1040 [2023] AATA 1040 22 March 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Chanoine and Goldin concerning the percentage of care for their child. The applicant, Chanoine, sought to have the assessment of the percentage of care varied, arguing that there had been a change in the likely pattern of care. The respondent, Goldin, opposed this variation.

The primary legal issue before the Tribunal was whether the circumstances presented constituted a change in the likely pattern of care for the child, such that the existing percentage of care assessment should be altered. Specifically, the Tribunal had to determine if the alleged changes met the threshold for a reviewable alteration under the relevant child support legislation.

The Tribunal affirmed the decision under review, finding that while there may have been some fluctuations in the day-to-day arrangements, these did not amount to a fundamental or significant change in the overall likely pattern of care. The Tribunal applied the principles of assessing the *likely* pattern of care, considering the stability and predictability of the arrangements rather than minor or temporary deviations. The evidence did not demonstrate a sustained shift in the established care routine that would warrant a reassessment of the percentage of care.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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