JTQL and Child Support Registrar (Child support second review)

This matter concerned a review of a Child Support Registrar's decision regarding the percentage of care of a son. The dispute arose after the parents, the Mother and the Father, agreed to a parenting plan in January 2018, which stipulated the son would live with the Father. However, in April 2018, the son requested to live with the Mother, and she subsequently advised the Department of Human Services of this change, leading to a new care determination. The Father objected to this determination, and a subsequent review by the Tribunal resulted in a finding of a 14-week interim care period followed by the Mother having 100% care. The Mother sought a further review of this decision.

The primary legal issues before the Tribunal were whether "special circumstances" applied to extend the standard 14-week interim care period, and what constituted "reasonable action" in relation to care arrangements. The Tribunal was required to consider the relevant provisions of the *Child Support (Assessment) Act 1989* and the Child Support Guide, particularly concerning the definition and application of "special circumstances" which are not explicitly defined in the Act but are illustrated by examples such as violence, exposure to family violence, criminal acts, substance abuse, failure to comply with schooling, or neglect of basic needs.

The Tribunal reasoned that the standard interim care period is 14 weeks, which can be extended to 26 weeks only in the presence of special circumstances. After reviewing the evidence, the Tribunal was not satisfied that any such special circumstances existed in this case. The Mother's evidence regarding a verbal agreement for a trial period and her subsequent actions, including collecting the son from school and enrolling him in a new school, were considered. However, the Tribunal found that these actions did not meet the threshold for special circumstances as defined by departmental policy. The Tribunal also noted the Mother's difficulty in providing evidence of a text message sent to the Father due to data retention limitations.

Consequently, the Tribunal affirmed the previous decision. The interim care period was determined to end 14 weeks from 18 April 2018, which was 25 July 2018, after which the Mother was considered to have 100% care of the son.