Midgley and Midgley (Child support)

The case of *Midgley and Midgley* concerned a dispute over the percentage of care provided for a child, which is a crucial factor in determining child support obligations. The matter came before the court for review of a previous decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, and consequently, whether the existing percentage of care determinations should be revoked and new ones made. The court was required to consider how to best measure the care provided, specifically addressing whether nights in care were a more accurate indicator than daytime care.

The court reasoned that the number of nights a child spends in the care of a parent is the most reliable measure of the care provided. Applying this principle, the court found that the existing percentage of care determinations were no longer accurate due to a change in the pattern of care. Accordingly, the court revoked the existing determinations and made new ones reflecting the revised pattern of care. The decision under review was set aside and substituted with the court's new determinations.