Cornell and Wright (Child support)

The case of Cornell and Wright concerned a dispute over the percentage of care for a child, which is a crucial factor in determining child support obligations. The decision was made by Magistrate Cuthbert M. The core of the disagreement revolved around the care arrangements for the child and whether certain actions taken by one of the parties constituted reasonable steps towards compliance with child support legislation. The matter also touched upon the concept of "special circumstances" and the application of interim determinations.

The court was required to determine the correct percentage of care attributable to each parent for the purposes of calculating child support. This involved assessing the actual care arrangements in place and considering whether any actions taken by the parties met the threshold of "reasonable action for compliance" with their child support responsibilities. Furthermore, the court had to consider if any "special circumstances" existed that warranted a departure from the standard assessment, and whether an interim determination, if previously made, had been correctly applied or if it was appropriate to make a new one.

Magistrate Cuthbert M's reasoning focused on the evidence presented regarding the day-to-day care of the child. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to assess the percentage of care, considering factors such as the time spent with each parent and the responsibilities undertaken for the child's well-being. The court found that the actions of one party did not amount to "reasonable action for compliance" as contemplated by the Act, and that no "special circumstances" were present to justify an alternative assessment. The decision under review, which had determined the percentage of care, was affirmed.