Garcia and Garcia (Child support)

The case of *Garcia and Garcia* concerned a dispute over the percentage of care for a child, which had been previously determined by the Child Support Registrar. The applicant sought to revoke the existing determination and have a new one made, alleging a significant change in the likely pattern of care. The matter came before Judicial Registrar Leonard M.

The central legal issue before the court was whether there had been a change in the likely pattern of care for the child that warranted the revocation of the existing percentage of care determination and the making of a new one. This required the court to consider the criteria for varying a care determination under the relevant legislation.

Judicial Registrar Leonard M reasoned that the evidence presented demonstrated a substantial and ongoing shift in the child's living arrangements, indicating a new likely pattern of care. The court applied the principles governing changes to care arrangements, focusing on the actual and prospective care provided to the child. The existing determination was found to no longer accurately reflect the reality of the child's care.

Consequently, the court set aside the Child Support Registrar's decision and substituted it with a new determination of the percentage of care, reflecting the changed circumstances.