Freckleton and Freckleton (Child support)

This matter concerned an appeal by the father, Mr Freckleton, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change in the likely pattern of care for the child that would warrant an adjustment to the registered percentage of care.

The primary legal issue before the court was to determine whether the Registrar's decision to affirm the existing percentage of care was correct, specifically whether there had been a material change in the likely pattern of care since the last assessment. This required the court to consider the evidence presented by both parties regarding the actual and prospective care arrangements for the child.

The court affirmed the Registrar's decision, finding that the evidence did not establish a change in the likely pattern of care that would justify altering the registered percentage. The Senior Member applied the principles that a change must be significant and likely to persist to warrant a reassessment, and that the onus was on the party seeking the change to demonstrate it. The existing pattern of care was found to be continuing, and therefore no alteration was warranted.