Frith and Frith (Child support)

This matter concerned an appeal by the father, Mr Frith, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The dispute arose from a change in the likely pattern of care for the children, which the Registrar had determined had occurred. The father sought to have the Registrar's decision set aside and new determinations made regarding the percentage of care.

The primary legal issue before the court was whether the Registrar had erred in determining that a change in the likely pattern of care had occurred, and consequently, whether the existing percentage of care determinations should be revoked and new ones made. The court was required to consider the evidence presented regarding the actual care arrangements for the children and whether these arrangements constituted a "change in the likely pattern of care" as defined by the relevant legislation.

Member J Thomson found that the evidence demonstrated a significant and ongoing change in the pattern of care for the children, with the mother now providing the majority of care. Crucially, the court determined that the father had not deliberately withheld care from the children, but rather that the circumstances had evolved such that the mother was now the primary caregiver. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court concluded that the Registrar's decision was incorrect.

The court ordered that the decision under review be set aside and substituted with new determinations. The father was found to have care of the children for 35% of the time, and the mother for 65% of the time, with consequential adjustments to the child support payable.