Groves and Kurland (Child support)

The matter of *Groves and Kurland* concerned a dispute over the percentage of care for a child, brought before the Magistrate. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging that court orders regarding the child's care had not been complied with. The applicant also sought the application of an interim period and argued that special circumstances existed to determine only one percentage of care.

The Magistrate was required to determine whether there had been a change to the likely pattern of care for the child. Further, the Magistrate had to consider whether the existing percentage of care determinations should be revoked and new ones made, and whether an interim period should apply. The central question was whether special circumstances warranted a single percentage of care determination.

The Magistrate affirmed the decision under review, finding that the circumstances did not support a change to the existing percentage of care determinations. The Magistrate concluded that the evidence did not establish a change to the likely pattern of care that would justify revoking the existing determinations or making new ones. Consequently, the application for an interim period and a single percentage of care determination was not granted.