Colburn and McCouch (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the father, Mr Colburn, against the mother, Ms McCouch, concerning the percentage of care attributed to each party for their child. The dispute centred on whether there had been a change to the likely pattern of care for the child.

The primary legal issue before the Court was whether the Registrar had erred in finding that there had been no change to the likely pattern of care for the child. This required the Court to consider the evidence presented regarding the care arrangements and to determine if the Registrar’s assessment of the likely future pattern of care was correct in accordance with the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Court found that the Registrar had failed to properly consider the evidence of a significant and ongoing change in the pattern of care. The evidence demonstrated that the child was spending substantially more time with the father than had been previously registered. Applying the principles of the Act, which require an assessment of the *likely* pattern of care, the Court concluded that the Registrar’s decision was not supported by the evidence. Consequently, the Court set aside the Registrar's decision and substituted its own finding regarding the percentage of care.