Gerner and Mitchison (Child support)

The case of *Gerner and Mitchison* concerned a dispute over the percentage of care for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The court was required to consider whether there had been a change to the likely pattern of care that would justify altering the existing arrangements.

The primary legal issue before the court was whether the evidence presented demonstrated a sufficient change in the child's living arrangements to warrant a revocation of the existing percentage of care determinations and the making of new ones. This involved an assessment of the factual circumstances and their impact on the established pattern of care.

The court's reasoning focused on the interpretation and application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. It considered the criteria for revoking existing determinations and making new ones, particularly in relation to a "change in the likely pattern of care." The court applied established principles regarding the assessment of care arrangements, weighing the evidence presented by both parties to determine if the threshold for a change had been met. The court ultimately set aside the decision under review and substituted it with its own determinations regarding the percentage of care.