HLKP and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) considered a dispute between HLKP (the Father) and the Child Support Registrar concerning the percentage of care of two children. An existing determination from February 2016 stipulated that the Mother had 94% care and the Father had 6% care, which resulted in the Father being liable for child support payments. The Father notified the Child Support Agency of a change in care arrangements from September 2019, claiming an increase in his care nights. The Mother disputed this, asserting that the Father's increased care during the 2019 Christmas holidays was temporary and related to her planned holiday during the Easter 2020 period.

The AAT was required to determine whether the existing percentage of care determination should be revoked, from what date any revocation should take effect, and the actual percentage of care each parent had for the children. The central legal issue revolved around whether the Father's increased care constituted a change in the established pattern of care that warranted a new determination, and if so, what period was relevant for assessing this change.

The Tribunal found that a pattern of care existed for both parents, acknowledging the Father's usual, albeit limited, care during school holidays. However, the Tribunal was satisfied that the existing care determination should be revoked and a new determination made. The AAT applied the ordinary meaning of "pattern of care" and considered the evidence regarding the number of nights the children spent with the Father, which was not disputed. The dispute centred on the relevant timeframe for assessing the change in care.

Ultimately, the Tribunal revoked the February 2016 care determination and substituted it with a new determination. For the 12-month period from 7 January 2019 to 6 January 2020, the Father was determined to have 15% care of the children, and the Mother was determined to have 85% care.