GKVX and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal of a care percentage decision made by the Child Support Registrar. The applicant, GKVX (the father), sought to challenge the Registrar's determination of his percentage of care for the child. The dispute arose from conflicting evidence presented by both the father and the mother regarding the actual care arrangements for the child, particularly in light of historical Family Court parenting orders that had been followed sporadically.

The Tribunal was required to determine the respective percentages of care each party had for the child from the commencement of the child support case. This involved assessing whether a pattern of care existed, as contemplated by the Child Support (Assessment) Act 1989, and if so, determining the actual percentage of care that corresponded to the care provided. The Tribunal also had to consider the effect of any Family Court parenting orders in place.

The Tribunal noted the significant lack of corroborating evidence and the mutually exclusive accounts provided by the parties, including calendars of care with overlapping dates. The father's evidence included a friend's statement, school documentation, and partial flight records, alongside his own testimony describing a "rough pattern" of care that varied. The Tribunal's task was to ascertain the actual care provided, rather than simply relying on the existence of parenting orders, by applying sections 49 and 50 of the Assessment Act, which mandate a determination of actual care if a pattern of care is established.

The Tribunal affirmed the previous decision of the Senior Member, concluding that the care percentage decision was a reviewable decision. The Tribunal's ultimate finding on the percentages of care was not detailed in the provided text.