Cloughessy and Cloughessy (Child support)

The case of *Cloughessy and Cloughessy* concerned a dispute over the percentage of care arrangements for two children. The applicant sought to have existing child support percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care due to the respondent's relocation for work. The matter was heard by Member R Prasad.

The primary legal issue before the court was whether the circumstances constituted a "change of circumstances" that would justify revoking the existing percentage of care determinations and making new ones. Specifically, the court had to consider if the respondent's relocation for employment purposes had altered the likely future pattern of care for the children to such an extent that the existing arrangements were no longer reflective of the reality of the children's living arrangements.

Member R Prasad reasoned that a change in the likely pattern of care, as contemplated by the relevant legislation, did not require a permanent or definitive change. The court applied the principle that if there is a significant and foreseeable alteration in the pattern of care, even if it is not yet fully realised, it can be sufficient to warrant a review and potential variation of existing percentage of care determinations. The court found that the respondent's relocation for work had indeed resulted in a change to the likely pattern of care, justifying the revocation of the existing determinations.

The court set aside the existing percentage of care determinations and made new determinations reflecting the altered pattern of care.