Chisenhall and Bardsley (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Chisenhall and Bardsley concerning the percentage of care arrangements for their child. The applicant, Chisenhall, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. This required the Tribunal to assess whether there had been a material change in the likely pattern of care for the child since the last determination was made, and if so, to determine the appropriate new percentage of care.

The Tribunal found that there had been a significant and ongoing change in the pattern of care, which justified revoking the existing determinations. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal considered the evidence presented regarding the child's living arrangements and the practical realities of the care provided by each parent. The Tribunal concluded that the new pattern of care was likely to continue for a substantial period.

Consequently, the Tribunal set aside the previous decisions and substituted new percentage of care determinations reflecting the altered care arrangements.