Michelmore and Newhook (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of *Michelmore and Newhook*, concerning a dispute over the percentage of care for a child. The applicant, Ms Michelmore, sought to challenge a decision made by the Registrar of the Child Support Agency (CSA) which had revoked existing percentage of care determinations and made new ones. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child, particularly given the child was spending part of their time living with a grandparent.

The Tribunal was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in making the new determinations. Specifically, the AAT had to assess whether the evidence presented supported a finding that there had been a change to the likely pattern of care for the child, and if so, whether the new determinations accurately reflected that changed pattern.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the pattern of care. The AAT found that the Registrar had not adequately considered all relevant factors when making the original decision, particularly the ongoing involvement of the grandparent in the child's life and the implications for the child's living arrangements. The Tribunal concluded that the Registrar's decision was not supported by the evidence and that the existing percentage of care determinations should not have been revoked. The Tribunal set aside the Registrar's decision and substituted it with its own determination.