Kelane and Hiland (Child support)

The case of *Kelane and Hiland* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have an existing percentage of care determination revoked and new determinations made. The matter came before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether there had been a change in the pattern of care for the child that warranted the revocation of the existing percentage of care determination and the making of new determinations. This required the Tribunal to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements.

Member K Hamilton found that the evidence presented demonstrated a significant and ongoing change in the pattern of care for the child. The Tribunal applied the principles governing the assessment of percentage of care, considering the factual circumstances of the child's living arrangements and the responsibilities undertaken by each parent. Based on this assessment, the Tribunal concluded that the existing determination was no longer accurate and that new determinations were necessary to reflect the current reality of the child's care. The Tribunal set aside the previous decision and substituted it with new determinations regarding the percentage of care.