Houston and Child Support Registrar (Child support)

The matter of *Houston and Child Support Registrar* concerned an appeal to the Child Support Registrar regarding a decision made under the *Child Support (Registration and Collection) Act 1988* (Cth). The appellant, Houston, sought to challenge a determination that had been made concerning the percentage of care for a child.

The central legal issue before the Registrar was whether there had been a change to the likely pattern of care for the child. This question arose in circumstances where a court order regarding care arrangements had not been complied with, and no steps had been taken to enforce that order. The Registrar was required to consider whether the non-compliance and lack of enforcement action constituted a change in the likely pattern of care for the purposes of the relevant legislation.

The Registrar affirmed the original decision, finding that the mere non-compliance with a court order, without any subsequent action to alter the actual care arrangements or enforce the existing order, did not amount to a change in the likely pattern of care. The Registrar applied the principle that a change in the likely pattern of care requires more than a theoretical or unacted-upon intention; it necessitates a demonstrable shift in the actual care provided to the child. The Registrar noted that the interim period provisions were not applicable in this instance.