Colquhoun and Colquhoun (Child support)

This matter concerned an application for review by Mrs Colquhoun of decisions made by the Child Support Registrar regarding the percentage of care she and Mr Colquhoun had of their child. The dispute arose from three proposed changes to the pattern of care, notified on 8 December 2018, 24 March 2019, and 26 June 2019. The Administrative Appeals Tribunal (the tribunal) was required to determine whether the existing care determination, which stipulated Mr Colquhoun had 100% care and Mrs Colquhoun had 0% care from 24 October 2018, should be revoked and, if so, from what date new determinations should be made.

The tribunal was tasked with determining the likely percentage of care each parent would have for the child from the dates of the three proposed care changes, applying the principles of the *Child Support (Assessment) Act 1989*. This required considering what had occurred up to the date of notification and what was likely to occur thereafter. The tribunal noted the absence of any court orders or parenting plans governing the child's care during the relevant periods. Both parents provided evidence, including sworn testimony during the hearing, regarding the child's living arrangements and the fluctuating patterns of care, which were often influenced by the child's own preferences.

The tribunal found that there were no consistent court orders or parenting plans in place. It considered the evidence provided by both parents, including their oral testimony and various written statements and annotated calendars submitted by Mrs Colquhoun, as well as Mr Colquhoun's records. The tribunal acknowledged that the child had travelled overseas with Mrs Colquhoun from mid-December 2018 to mid-January 2019. After considering the conflicting accounts and the ad hoc nature of the care arrangements, the tribunal concluded that the existing care determination was to be revoked and new determinations made based on the evidence presented.

The tribunal affirmed all of the decisions under review, revoking the existing percentage of care determinations and making new determinations reflecting the changes in the likely pattern of care from the notified dates.