LBYF and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the court. The dispute centred on the percentage of care provided by each parent for their child, with the existing determination being 100% care by the Mother and 0% by the Father. The Mother had entered into a voluntary Temporary Care Arrangement with the NSW Department of Family and Community Services (FACS) due to the child's challenging behaviour and hospitalisation. Subsequently, a Children's Court order allocated all aspects of parental responsibility to the Minister of the Department of Communities and Justice (DCJ).

The legal issues before the court were whether the Mother continued to provide care for the child despite the Temporary Care Arrangement and the subsequent Children's Court order, and whether she retained responsibility for making decisions regarding the child's welfare. The court was also required to consider whether the Mother continued to provide financial and emotional support to the child.

The court affirmed the decision of the Administrative Appeals Tribunal (AAT) to refuse to revoke the existing care percentage determination. The reasoning was that despite the formal transfer of care responsibility to FACS and later the Minister, the Mother had demonstrably continued to be actively involved in the child's life. This involvement included meaningful input into medical and therapeutic decisions, providing financial support for clothing, personal items, and additional therapies, and offering emotional support through regular contact and visits. The court found that these actions indicated a continued provision of care, financial support, and emotional support, which were relevant considerations in determining care percentages for child support purposes.

Consequently, the court affirmed the Registrar's decision that the Mother provided 100% care and the Father provided 0% care of the child.