McPherson and Coppock (Child support)
Case
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[2023] AATA 3412
•25 August 2023
Details
AGLC
Case
Decision Date
McPherson and Coppock (Child support) [2023] AATA 3412
[2023] AATA 3412
25 August 2023
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between McPherson and Coppock concerning the percentage of care arrangements for a child. The applicant, McPherson, sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. Specifically, the AAT had to assess if the evidence presented demonstrated a significant and ongoing shift in the child's living arrangements that would justify altering the established percentage of care.
In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes to care arrangements. The AAT considered the evidence of both parties regarding the child's time spent with each parent, focusing on the consistency and duration of any proposed new pattern of care. The Tribunal found that the evidence did not establish a sufficient change to the likely pattern of care to warrant revoking the existing determinations. Consequently, the Tribunal set aside the decision under review and substituted its own decision, upholding the existing percentage of care arrangements.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. Specifically, the AAT had to assess if the evidence presented demonstrated a significant and ongoing shift in the child's living arrangements that would justify altering the established percentage of care.
In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes to care arrangements. The AAT considered the evidence of both parties regarding the child's time spent with each parent, focusing on the consistency and duration of any proposed new pattern of care. The Tribunal found that the evidence did not establish a sufficient change to the likely pattern of care to warrant revoking the existing determinations. Consequently, the Tribunal set aside the decision under review and substituted its own decision, upholding the existing percentage of care arrangements.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Statutory Construction
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Procedural Fairness
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