Denton and Denton (Child support)

Case

[2022] AATA 1170

1 March 2022


Details
AGLC Case Decision Date
Denton and Denton (Child support) [2022] AATA 1170 [2022] AATA 1170 1 March 2022

CaseChat Overview and Summary

The case of *Denton and Denton* concerned a dispute over the percentage of care arrangements for a child, brought before the court for review. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the court was whether the evidence presented demonstrated a sufficient change in the likely pattern of care to warrant the revocation of existing percentage of care determinations and the making of new ones. This required the court to assess the factual circumstances and apply the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning changes to care arrangements.

The court considered the evidence regarding the actual and likely future care arrangements for the child. It applied the principles governing the determination of percentage of care, which involve assessing the factual reality of where a child lives and the proportion of time spent with each parent. After reviewing the evidence, the court found that the criteria for revoking the existing determinations and making new ones had been met. The decision under review, which had made new percentage of care determinations, was affirmed.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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