Coolidge and Coolidge (Child support)

This matter concerned an appeal by the father, Mr. Coolidge, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by J Thomson M.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, based on an assessment of a change to the likely pattern of care. This required the court to consider the evidence presented regarding the actual and prospective care arrangements for the child and to determine if these arrangements met the threshold for a change in the percentage of care under the relevant legislation.

J Thomson M found that the Registrar had not been provided with sufficient evidence to conclude that there had been a change to the likely pattern of care. The court reasoned that the existing percentage of care determinations should only be revoked and new ones made when there is a clear and demonstrable shift in the care arrangements that is likely to continue. Without such evidence, the existing determinations should stand. Consequently, the decision under review was set aside and substituted with a new determination that the existing percentage of care arrangements remained in place.