Foxcraft and Foxcraft (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father, Foxcraft, against a departure determination made by the Child Support Registrar. The dispute concerned the child support payable for the parties' two children, with the father seeking to depart from the assessment under the *Child Support (Registration and Collection) Act 1988* (Cth) to account for the costs of the children's private school education.

The primary legal issue before the Full Court was whether the Registrar had erred in finding that the costs of the children's private school education were not a ground for departure from the child support assessment. Specifically, the court had to determine if the Registrar correctly applied the criteria for departure, particularly concerning whether the costs were "in the manner expected by both parents" and whether these costs significantly affected the costs of maintaining the children.

The Full Court reasoned that the Registrar had misapplied the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. It found that the Registrar had placed undue emphasis on the fact that both parents had agreed to the children attending private school, rather than considering whether the *costs* associated with that education were in the manner expected by both parents. The court held that the significant costs of private schooling, when considered in light of the parents' respective incomes and the overall financial circumstances, did indeed significantly affect the costs of maintaining the children, thereby establishing a ground for departure.

The Full Court set aside the Registrar's decision and substituted its own determination, allowing for a departure from the standard assessment to reflect the costs of the children's private education.