Fernandez and Fernandez (Child support)

The case of *Fernandez and Fernandez* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This required the court to assess the evidence presented regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing departure from the previously established pattern.

In reaching its decision, the court considered the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*. The court analysed the evidence to ascertain if the observed care arrangements were likely to continue into the future, thereby justifying a revocation of existing determinations and the making of new ones. The court found that the evidence demonstrated a significant change in the likely pattern of care. Consequently, the court set aside the Registrar's decision and substituted its own determination regarding the percentage of care.