Harbison and Tutton (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Harbison and Tutton concerning the percentage of care for a child. The applicants sought to have 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 the evidence presented demonstrated a material change in the likely pattern of care for the child, such that the existing percentage of care determinations were no longer accurate and should be revoked and replaced.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to warrant revoking the existing determinations. The Tribunal applied the principles governing the assessment of percentage of care, which require a demonstrable and likely ongoing shift in the care arrangements to justify a variation.