Grey and Grey

This case involved an application by Ms Grey to the Family Court of Australia for a departure from the administrative assessment of child support payable by her former husband, Mr Grey. The parties have three children who reside with the mother in Australia. The father had moved to South Africa without notice to the mother or children. The mother sought orders for child support, including private school fees for the two elder children.

The primary legal issues before the Court were whether it had jurisdiction to hear the child support departure application, whether the father's relocation to South Africa constituted a terminating event for child support assessments, and if grounds for departure from the administrative assessment were established. The Court was required to determine if it was just and equitable to make a departure order, considering the financial circumstances of both parents and the children's needs, particularly their continued attendance at a private school.

The Court found that it had jurisdiction under s 116(1)(b) of the Child Support Assessment Act 1989 (Cth) due to the ongoing property settlement proceedings. It also determined that the father's move to South Africa was not a terminating event under s 12 of the Act, as South Africa is a reciprocating jurisdiction. The Court established grounds for departure under s 117(2)(b)(ii) of the Act, finding that the elder children's attendance at private school was consistent with the parents' prior expectations. The father had previously paid school fees, supporting the inference that he agreed to this arrangement. The Court also considered the father's lack of full financial disclosure and inferred he had sufficient means to contribute to the school fees and child support.

Consequently, the Court made a Departure Order. This order mandated the father to pay specified amounts for child support and private school fees for the two elder children, with adjustments to be made if their attendance at the private school ceased. The order also included a stay of six weeks for the commencement of the school fee component, during which the father had liberty to apply.