Cromwell and Cromwell (Child support)

The Administrative Appeals Tribunal considered the matter of *Cromwell and Cromwell (Child Support)*, concerning a dispute between the parties regarding the percentage of care for their children. The applicant sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a significant and ongoing change in the care arrangements for the children.

The Tribunal was required to determine whether a change in the percentage of care had occurred, and if so, whether it was significant and ongoing. It also had to consider the date from which any new percentage of care determination should take effect, particularly in light of the existing determinations being revoked. A further issue was the weight to be given to the expressed wishes of the children in determining the care arrangements.

Senior Member R Ellis affirmed the decision under review, finding that the existing percentage of care determinations should be revoked. The Tribunal reasoned that the care arrangements had become more flexible and were largely based on the wishes of the children, indicating a substantial and ongoing change. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the factual circumstances of the children's living arrangements and the practical reality of the care provided by each parent. The Tribunal made new percentage of care determinations reflecting these changed circumstances.