Elson and Child Support Registrar (Child support)

The case of *Elson and Child Support Registrar* concerned a dispute over the percentage of care for a child, brought before Judicial Registrar Leonard M. The central issue was whether a temporary change in the child's living arrangements constituted a "likely pattern of care" for the purposes of child support assessments. The applicant sought to have the percentage of care attributed to them varied, arguing that the child's recent extended stay with them reflected a new, ongoing pattern of care.

The court was required to determine whether the temporary nature of the change in the child's residence meant it should not be considered when calculating the percentage of care. Specifically, the court had to assess if the evidence presented demonstrated a *likely* future pattern of care, or if the change was merely a transient arrangement. This involved interpreting the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the determination of care percentages.

Judicial Registrar Leonard M reasoned that for a change in care arrangements to establish a "likely pattern of care," it must be more than a temporary or short-term deviation. The Registrar found that the evidence did not establish that the child's extended stay with the applicant was indicative of a stable, long-term shift in the primary residence. Instead, the circumstances suggested a temporary arrangement, and therefore, the existing percentage of care calculation remained appropriate. The decision under review was affirmed.