Debaillie and Wragby (Child support)

The case of *Debaillie and Wragby* concerned a dispute over the percentage of care for a child, brought before the Child Support Registrar and subsequently reviewed by the court. The primary issue was whether a change had occurred in the likely pattern of care for the child, which would necessitate a reassessment of the existing percentage of care determinations. The parties' dispute centred on how care should be calculated, specifically whether it should be based on hours rather than nights.

The court was required to determine whether the Registrar’s decision to revoke existing percentage of care determinations and make new ones was justified. This involved considering the evidence presented regarding the actual and likely future care arrangements for the child, and whether these arrangements constituted a material change from the previously established pattern. The court also had to assess the Registrar's interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning the calculation of care percentages.

The court reasoned that the Registrar had erred in their assessment of the care arrangements. It found that the Registrar’s approach of calculating care based on hours, rather than the customary method of nights, was not supported by the legislation or established practice in circumstances where a significant change in the pattern of care had occurred. The court applied the principle that percentage of care determinations should reflect the reality of the care provided and that a material change in that reality warrants a review and potential adjustment. The court concluded that the Registrar’s decision was not open to them on the evidence.

The court set aside the decision under review and substituted its own determination, revoking the existing percentage of care determinations and making new ones based on its findings regarding the pattern of care.