Chow and Chow (Child support)

This matter concerned an appeal by the father, Mr Chow, against a decision of the Child Support Registrar to revoke an existing determination of the percentage of care for the parties' child and to make a new determination. The appeal was heard by Magistrate S Cullimore.

The primary legal issue before the Court was whether the Registrar had erred in revoking the existing percentage of care determination and making a new one, based on a change in the likely pattern of care. This involved the interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning changes to care arrangements.

Magistrate Cullimore reasoned that the Registrar's decision to revoke the existing determination was not supported by sufficient evidence of a change in the *likely* pattern of care. The Court applied the principles that a change in care must be a *likely* future pattern, not merely a temporary or isolated deviation from the established routine. The Registrar's assessment had failed to adequately consider the established pattern of care and the evidence presented regarding future arrangements.

The Court set aside the decision of the Child Support Registrar and substituted a new determination, effectively reinstating the previous percentage of care.