Henvillle and Tyrwitt (Child support)

The case of Henvillle and Tyrwitt concerned a dispute over the percentage of care for a child, which impacts child support assessments. The applicant, Henvillle, sought to have the percentage of care attributed to Tyrwitt reduced, arguing that a change had occurred in the likely pattern of care. The decision was made by R Ellis SM in the [Court Name].

The primary legal issue before the court was whether the temporary accommodation of the child constituted a change to the likely pattern of care that would warrant a reassessment of the percentage of care under the relevant child support legislation. The court had to determine if this temporary arrangement was indicative of a new, ongoing pattern of care or merely a one-off event.

In reaching its decision, the court considered the nature of the temporary accommodation. It found that the arrangement was a one-off event and not reflective of a sustained or likely future pattern of care. Consequently, the court determined that there had not been a sufficient change in the likely pattern of care to justify altering the existing child support assessment. The legal principle applied was that temporary or isolated instances of care do not typically alter the established pattern of care for the purposes of child support calculations.

The decision under review, which affirmed the existing percentage of care, was therefore upheld by the court.