Handley and Handley (Child support)

This matter concerned an appeal by the father, Mr Handley, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The Registrar had determined that the father had care of the children for 35% of the time, and the mother for 65% of the time. The father sought to have this determination reviewed, arguing that there had been a change in the likely pattern of care.

The primary legal issue before the court was whether the Registrar had erred in making the percentage of care determination. Specifically, the court had to consider whether there had been a change to the likely pattern of care for the children, and if so, whether the existing percentage of care determinations should be revoked and new determinations made.

The court found that the Registrar had failed to properly consider the evidence regarding the children's living arrangements and the father's involvement in their care. It was held that the evidence demonstrated a significant change in the likely pattern of care, with the children spending more time with the father than previously determined. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages, emphasising the need for accurate reflection of the actual and likely future care arrangements.

Consequently, the court set aside the Registrar's decision and substituted it with a new determination that the father had care of the children for 50% of the time, and the mother for 50% of the time.