Guo and Guo (Child support)

This matter concerned an appeal by the father, Mr Guo, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, and whether the Registrar had erred in revoking existing percentage of care determinations and making new ones.

The primary legal issue before the court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when determining the percentage of care. Specifically, the court had to consider whether the Registrar had given sufficient weight to the existing pattern of care and whether the Registrar had properly assessed the evidence regarding the child's overnight stays with each parent. The court also considered the distinction between daytime care and overnight care in the context of determining the percentage of care.

The court found that the Registrar had erred in their assessment of the change in the likely pattern of care. It was held that the Registrar had not adequately considered the existing arrangements and had placed undue emphasis on certain aspects of the evidence, such as the child's daytime activities, to the detriment of the established overnight care arrangements. The court applied the principles that a change in the likely pattern of care must be substantial and that overnight care is a significant factor in determining the percentage of care.

Consequently, the court set aside the decision of the Child Support Registrar and substituted new percentage of care determinations.