Hingerton and Creadey (Child support)

Hingerton and Creadey concerned a dispute between two parents regarding the percentage of care for their child. The matter came before Member J Thomson for review.

The primary legal issue before the court was whether there had been a change in the pattern of care for the child, and if so, whether that change warranted the revocation of a pre-existing care percentage. The court was also required to consider whether the withholding of care constituted a breach of existing court orders.

Member J Thomson reasoned that the evidence demonstrated a significant and sustained change in the pattern of care, which amounted to a breach of the court orders previously in place. The court applied the principles governing child support assessments, particularly those relating to changes in care arrangements and the consequences of non-compliance with court orders. The court found that the circumstances justified revoking the existing percentage of care.

The decision under review was affirmed, meaning the court upheld the finding that the pre-existing care percentage was no longer applicable due to the change in the pattern of care and the breach of court orders.