Haddad and Lester (Child support)

Case

[2019] AATA 5941

9 December 2019


Details
AGLC Case Decision Date
Haddad and Lester (Child support) [2019] AATA 5941 [2019] AATA 5941 9 December 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Haddad and Lester concerning the percentage of care for their child. The applicant, Haddad, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. This involved assessing the evidence presented by both parties regarding the actual and proposed future care arrangements for the child.

The Tribunal found that the evidence demonstrated a significant and ongoing change in the child's living arrangements, with the child now spending substantially more time with the applicant. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing percentage of care determinations were no longer reflective of the likely pattern of care. Consequently, the Tribunal varied the existing determinations to reflect the new care arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

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