Marson and Marson (Child support)

The case of *Marson and Marson* concerned a dispute over the percentage of care for a child. The applicant sought to have the existing care determination varied, arguing that there had been a change in the likely pattern of care. The matter came before Member K Hamilton of the [relevant tribunal or court, e.g., Administrative Appeals Tribunal or Federal Circuit Court].

The central legal issue before the court was whether the applicant had demonstrated a sufficient change in the likely pattern of care to warrant a variation of the pre-existing care determination. The court was required to assess the evidence presented by the applicant against the threshold for varying an established care arrangement under the relevant child support legislation.

Member K Hamilton reasoned that the applicant had failed to establish that there had been a change in the likely pattern of care that would justify a variation. The evidence did not demonstrate a significant or lasting alteration to the established routine. Consequently, the court found that the pre-existing care determination should be retained. The decision under review was set aside and substituted with a new decision reflecting this finding.