Kavanagh and Kavanagh (Child support)

This matter concerned an appeal by the father, Mr Kavanagh, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The mother, Ms Kavanagh, was the respondent. The dispute centred on whether there had been a significant and substantial change in the pattern of care since the last assessment, which would warrant a review and potential alteration of the existing percentage of care determinations. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was to determine whether the Registrar’s decision to revoke existing percentage of care determinations and make new ones was justified. This required the court to assess whether the evidence presented demonstrated a change in the pattern of care that was both significant and substantial, as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth). The court had to consider the nature and duration of any alleged changes in the children's living arrangements and the impact of these changes on the overall care provided by each parent.

The court found that the Registrar had erred in their assessment of the evidence. While acknowledging that some changes in the pattern of care had occurred, the court determined that these changes did not meet the threshold of being "significant and substantial" to warrant the revocation of the existing determinations. The court applied the principles established in case law regarding what constitutes a significant and substantial change, focusing on the long-term nature and impact of any alterations to the children's living arrangements. The court concluded that the existing percentage of care determinations should have been maintained.

Consequently, the court ordered that the appeal be allowed and the decision of the Child Support Registrar be varied. The original percentage of care determinations were reinstated.