Ketchum and Monsell (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the parties, identified as Ketchum and Monsell, concerning the determination of percentage of care for their child. The core of the dispute revolved around whether the child, who was living out of the family home, was receiving care from one of the parents to a sufficient extent to warrant a variation in the assessed care percentages.

The court was required to determine whether the Registrar had erred in assessing the percentage of care for the child. Specifically, the court had to consider the legal test for establishing "care" for a child who is not residing full-time in either parent's home, and whether the evidence presented supported a departure from the default assessment of 50/50 care. The central legal issue was how to attribute care responsibilities when a child, particularly an older child, spends significant time away from both parents' residences.

The court's reasoning focused on the interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care. It was held that the Registrar's decision was based on an incorrect application of the principles governing the assessment of care for a child who is not ordinarily resident with either parent. The court emphasized that the assessment of care requires a factual inquiry into the actual arrangements and the extent to which each parent is meeting the child's needs, rather than a rigid adherence to default assumptions. The court found that the Registrar had failed to properly consider the evidence of the child's living arrangements and the practical realities of the care provided by each parent. Consequently, the court varied the care percentages previously determined.