Duncan and Heng (Child support)

The case of *Duncan and Heng* concerned a dispute over the percentage of care for a child, brought before the court for review. The central issue was whether there had been a change to the likely pattern of care that warranted a revocation of existing percentage of care determinations and the making of new ones.

The court was required to determine whether the existing percentage of care arrangements accurately reflected the current and likely future care arrangements for the child, and if not, what new percentage of care should be determined. This involved assessing the evidence presented regarding the actual nights the child spent with each parent.

The court reasoned that the percentage of care should be measured with reference to the number of nights the child spends with each parent. Applying this principle, the court found that the existing determinations were no longer accurate due to a change in the pattern of care. Consequently, the court revoked the existing percentage of care determinations and made new determinations reflecting the revised care arrangements.