Dalding and Dalding (Child support)

This matter concerned an appeal by Ms Dalding against a decision of the Registrar of Child Support regarding the percentage of care for the child. The dispute centred on whether there had been a change to the likely pattern of care and whether "special circumstances" existed that would justify departing from the existing care arrangements. The decision was made by Senior Member K Dordevic of the Tribunal.

The Tribunal was required to determine whether the circumstances surrounding a change in the child's care constituted "special circumstances" as contemplated by subsection 51(5) of the Child Support (Registration and Collection) Act 1988. This involved assessing whether the change was a significant cause of the alteration in care and whether there was a substantial risk to the child's physical, emotional, or psychological well-being had the previous care arrangement continued. The Tribunal also had to consider whether reasonable action had been taken in light of any written agreement not being complied with.

The Tribunal applied the principles outlined in the Child Support Registrar's Guide regarding "special circumstances," which include factors such as violence towards the child or the parent with increased care, exposure to criminal acts or substance abuse, failure to comply with schooling requirements, or neglect of basic needs. In this instance, no evidence was presented to satisfy the Tribunal that the child was at risk of harm while in the father's care. Consequently, the Tribunal found that special circumstances did not exist to justify exercising the discretion under subsection 51(5) of the Act, and the interim period of care arrangements would continue to apply.

The Tribunal set aside the decision under review and substituted its own decision. For the period from 30 September 2022 to 5 January 2023, the care record was ordered to reflect that Mr Dalding had 28% care and Ms Dalding had 72% care of the child. From 6 January 2023 onwards, the care record was to reflect that Mr Dalding had 0% care and Ms Dalding had 100% care of the child.