Feacham and Belaby (Child support)

This matter concerned an appeal by Feacham (the applicant) against a decision of the Child Support Registrar (the respondent) concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by Member Baulch.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. This required the court to consider the criteria for revoking existing determinations and making new ones under the relevant legislation, specifically focusing on whether there had been a change in the likely pattern of care for the child.

Member Baulch found that the Registrar had not properly considered the evidence regarding the likely pattern of care. The decision under review was set aside and substituted with a new determination that reflected the court's assessment of the likely pattern of care. The court applied the principles governing the assessment of percentage of care, emphasising the need for a thorough consideration of all relevant factors that indicate the ongoing or likely future care arrangements for the child.