Marney and Child Support Registrar (Child support)

This matter concerned an appeal by Marney against a decision of the Child Support Registrar concerning the percentage of care for a child. The dispute centred on whether there had been a change in the pattern of care that would warrant a reassessment of the care percentages.

The primary legal issue before the court was whether the Registrar's decision to refuse to change the percentage of care was correct, specifically whether the evidence established a change in the pattern of care as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Senior Member, R Ellis SM, considered the evidence presented regarding the care arrangements for the child. The Senior Member found that there had been no substantial or significant change in the pattern of care since the last assessment. The evidence did not demonstrate a shift in the primary caregiver or a material alteration in the time spent with each parent that would justify a departure from the existing care percentages. The Senior Member applied the principles that a change in the pattern of care must be more than a temporary or minor fluctuation and must reflect a new, established routine.

Consequently, the Senior Member set aside the decision under review and substituted it with a new decision that the percentage of care had not changed.