DPQT and Child Support Registrar (Child support second review)

This matter concerned a second review before the General Division of the Tribunal, brought by the father, concerning a child support percentage of care determination. The dispute arose after the child, Master R, who was approaching 15 years of age, chose to live full-time with his father from 10 April 2022, rather than return to the mother's care as per existing court orders. The father argued that the child had self-selected to stay with him and that previous decisions had not correctly applied court orders.

The Tribunal was required to determine whether a child could legally self-select their primary caregiver for child support purposes, whether care had been withheld by either parent, and if special circumstances applied to alter the usual assessment of care. Specifically, the Tribunal needed to consider if the mother had taken reasonable action to enforce the court-ordered care arrangements and whether an interim period should apply.

The Tribunal found that there is no legal basis for a child to self-select their primary caregiver. However, it determined that the mother had taken reasonable steps to enforce the care orders, including contacting the police, seeking legal advice, and arranging family dispute resolution, which the father failed to attend. Despite the child's choice, the Tribunal found that the father had made the child available for care by the mother. The Tribunal concluded that the change of care date was 10 April 2022, revoking previous percentage of care determinations for both parents and establishing a new determination of 100% care for the father and 0% for the mother. An interim care period of 26 weeks was afforded to the mother under section 53(1)(c) of the Assessment Act.