Davidsen and Davidsen (Child support)

This matter concerned an appeal by the father, Mr Davidsen, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new determinations, which the father sought to have set aside. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. The court was required to consider the evidence presented by both parties regarding the actual and likely future care arrangements for the child.

The court analysed the evidence concerning the child's living arrangements and the practical realities of the care provided by each parent. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the pattern of care. The court found that the evidence did not support a conclusion that there had been a change to the likely pattern of care that would warrant the Registrar's decision.

Consequently, the court set aside the decision of the Child Support Registrar and substituted it with a new determination that the existing percentage of care arrangements should remain in place.