Filardo and Filardo (Child support)

This matter concerned an appeal by the father against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children, aged 17. The dispute arose from a change in the pattern of care, influenced by the father's fly-in/fly-out work arrangements and the mother's overseas travel. Both parents claimed the children were living in their respective homes, providing supporting statements, though neither parent was physically present at the time.

The primary legal issue before the court was to determine the correct percentage of care for the children, given the circumstances where neither parent was consistently present in the household. This required the court to consider the definition of 'care' within the context of the *Child Support (Registration and Collection) Act 1988* (Cth), particularly when children are of an age where they are capable of looking after themselves and the parents' involvement primarily consists of providing food, financial support, and maintaining regular contact.

The court reasoned that the concept of 'care' extends beyond mere physical presence and encompasses the provision of essential needs and ongoing support. Despite the children's age and capacity for self-care, the court found that both parents continued to provide for the children's welfare through financial means, food, and regular contact, thereby exercising a degree of care. The court ultimately set aside the decision under review and substituted its own determination regarding the percentage of care.