MJWZ and Child Support Registrar (Child support second review)

[2024] AATA 846

MJWZ and Child Support Registrar (Child support second review) [2024] AATA 846 (24 April 2024)

Division:GENERAL DIVISION

File Number:          2022/9206

Re:MJWZ

APPLICANT

AndChild Support Registrar

RESPONDENT

AndKXNT

OTHER PARTY

DECISION

Tribunal:Senior Member Dr M Evans-Bonner

Date:24 April 2024

Place:Perth

The Reviewable Decision, being the AAT1 Decision dated 26 September 2022, is set aside and is substituted with the new decision that:

(a)the Existing Care Determination is revoked;

(b)new care determinations are made that the Father had 70% care and the Mother had 30% care of A from 1 July 2021 for the care period, being 1 July 2021 to 31 December 2022; and

(c)the date of effect of the revocation of the Existing Care Determination is 3 November 2021 for the Father, and 1 July 2021 for the Mother.

..................[Sgd]......................................................

Senior Member Dr M Evans-Bonner

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)–16(2AC) of the Child Support (Registration and Collection) Act 1988 (Cth).

CATCHWORDS

CHILD SUPPORT – percentage of care decision – whether there was a change in care – dispute about percentage of care – Tribunal satisfied there was a change in care – existing care determination revoked – new care determinations made – Father notified Agency more than 28 days after the date of the change of care – date of effect of revocation – AAT1 decision set aside and substituted

LEGISLATION

Child Support (Assessment) Act 1989 (Cth) ss 49, 50, 54A, 54B, 54F, 54F(3)(b), 54G, 54H, 54H(1)(c)

CASES

Polec & Staker & Anor [2011] FMCAfam 959

SECONDARY MATERIALS

Guides to Social Policy: Child Support Guide [2.2.1]

REASONS FOR DECISION

Senior Member Dr M Evans-Bonner

24 April 2024

BACKGROUND

1. The Father (MJWZ), and the Mother (KXNT), are the separated parents of a minor child, A, born on 25 February 2009.

2. There is a dispute between the Father and the Mother regarding the percentage of care provided to A from 1 July 2021.

3. The Existing Care Determination was that the Father had 14% care, and the Mother had 86% care of the child from 24 September 2015 (T45/269).

4. On 3 November 2021 the Father notified Centrelink that there was a change in care. He advised that he had 44% care from 1 July 2021 (T6/75).

5. On 12 January 2022, an authorised review officer (ARO) decided to reject the Father’s request for a new care decision (T18/130).

6. On 20 January 2022, the Father objected to the ARO’s decision (T20/137).

7. On 22 March 2022, a delegate of the Respondent decided to partly allow the objection (the Objection Decision) (T36/217).

8. Specifically, the delegate decided that the Mother had 67% care, and the Father had 33% care of A from 1 July 2021. This change was to be applied from 3 November 2021. There was no impact on the assessment from the decision (T36/217).

9. On 19 April 2022, the Father sought review of the Objection Decision in the Social Services & Child Support Division of this Tribunal (AAT1) (T40/241).

10. On 26 September 2022, the AAT1 set aside the Objection Decision and substituted a decision that from 1 July 2021 the Mother had 65% care, and from 3 November 2021 the Father had 35% care, of A (T2/8). The AAT1 decision is the Reviewable Decision.

11. On 1 October 2022, the Father lodged an application seeking review of the Reviewable Decision (T1/1-6) in the General Division of this Tribunal (AAT2).

    THE ISSUE

12. The issue before me is whether:

    (a)there was a change in the pattern of care for A on 1 July 2021 which required the Existing Care Determination to be revoked and new determinations to be made;

    (b)and if so, what percentage of care for A should be attributed to the Father and to the Mother;

    (c)and if so, the date that the new percentage of care determinations should take effect.

    EVIDENCE OF CARE PERCENTAGES

13. Both parties filed calendars with the Tribunal during the review process on which each had recorded they had 70% care of A from 1 July 2021 to December 2022.

14. These calendars were helpfully summarised by the Respondent at paragraphs [55] and [56] of their Statement of Facts, Issues and Contentions (RSFIC) as follows:

    The Applicant’s [Father’s] care calendar filed with this Tribunal on 16 February 2023 provides:

    -    For the period 1 July 2021 to 30 June 2022 (365 days), the Applicant had care 253 days. This equates to the Applicant having 69% care.

    -    For the period 1 July 2021 to 31 December 2022 (549 days), the Applicant had care 397 days. This equates to the Applicant having 72% care.

    The Other Party’s [Mother’s] care calendar filed with this Tribunal on 15 March 2023 and the calendar she lodged with the AAT1 provides:

    -    For the period 1 July 2021 to 30 June 2022 (365 days), the Other Party had 256 nights of care. This equates to the Other Party having 70% care.

    -    For the period 1 July 2021 to December 2022 (549 days), the Other Party had 384 nights of care. This equates to the Other Party having 70% care.

15. The Father’s calendars do not always show whether he had days or nights of care. In contrast, the Mother’s calendars specify nights of care. However, in a statement filed on 15 March 2023 (A3), the Father stated that he had endeavoured to “keep track of the days she was sleeping at my house” so I infer that his calendars reflect nights of care.

16. Although they conflict, the calendars do assist to some extent because the Mother’s calendar concedes that the Father had 30% care of A during the period 1 July 2021 to December 2022 which is a significant increase from the Existing Care Determination which found that the Father had 14% care (OP1).

    The Father

    Evidence at the hearing

17. The Father’s evidence was that A started living with him from July 2021 when A started having difficulties at school and that she lived with him in 2022 as well. He stated that A did not want to live with the Mother because A did not get along with the Mother’s new partner. His evidence was that during 2022, A stayed with him every night. He stated that during school holidays, A would spend half the time with him and half the time with the Mother. On odd occasions A would spend some nights with the Mother. The Father stated that from 2022 A went to a private tutor and had another tutoring session at the library. He stated that A’s cat had been living with him since the beginning of January 2023 (transcript/20-27).  

    Documentary evidence

18. As mentioned above, the Father filed calendars of care in these proceedings. More specifically, I have had regard to his calendars of care and work shifts from:

    ·1 July 2021 to January 2022 (T13/111-119).

    ·December 2021 to January 2022 (T28/158-159).

    ·January 2022 to February 2022 (T30/202-203).

    ·Calendar for March 2022 which also noted expenses for tutoring for A on 3 March 2022, 9 March 2022, 15 and 16 March 2022. The handwritten note also referred to ongoing tutoring on Monday for one hour, and group tutoring of three hours on Tuesday and Wednesday (T35/213).

    ·A tally of nights A spent with each parent between July and March 2022 (T39/239).

    ·A calendar for March 2022 with handwritten entries showing the Father had overnight care of A for the entire month and that A had five tutoring sessions totalling $260 (T39/240).

    ·A calendar of care from 1 July 2021 to 30 June 2022 (T41/244-245).

    ·A calendar of care filed on 18 November 2022 and another calendar of care from July 2021 to February 2023 (A1).

    ·Further calendars showing care (A3, A7, A9, A10).  

19. The Father also filed a handwritten list of “out of pocket money” spent on A between 3 March 2022 and 7 April 2022 for tutoring, an ultrasound and “child wellbeing centre” totalling $625 (T39/236).

20. The Father filed copies of text messages between himself and the mother of a friend of A’s where he tried to organise “sleepovers” for the two children, as well as texts with the Mother regarding A’s absences from school, which both suggest she was staying with the Father. These text messages relate to Friday 9 July 2021, Saturday 10 July 2021, Tuesday 27 July to Thursday 29 July 2021, Saturday 31 July 2021, 1 August 2021, Friday 17 and Saturday 18 September 2021 (T43/257-264).

21. The Father provided emails that he has sent to A’s school advising that she was absent due to illness, personal reasons and medical appointments (T30/167-201). The dates of absence were Friday 23 July 2021, Monday 2 August 2021, Tuesday 17 August 2021, Thursday 19 August 2021, Tuesday 24 August 2021, Wednesday 25 August 2021, Wednesday 15 September 2021, Thursday 16 September 2021, Thursday 16 and Friday 17 September 2021, Wednesday 27 October 2021, Wednesday 3 November 2021, Thursday 4 November 2021, Friday 5 November 2021, Thursday 18 November 2021, Friday 19 November 2021, Tuesday 23 November 2021, Wednesday 24 November 2021, Thursday 25 November 2021, Friday 26 November 2021, Tuesday 30 November 2021, Wednesday 1 December 2021, Thursday 2 December 2021, Friday 3 December 2021, Monday 6 December 2021, Tuesday 7 December 2021, Wednesday 8 December 2021, Thursday 9 December 2021, Friday 10 December 2021.  

22. In addition, the Father also emailed the school on Tuesday 14 September to advise that A would be late due to a medical appointment (T30/175-176). Similarly, on Monday 22 November 2021, the Father emailed to state that A was running late for school (T30/188).

23. An “absence summary” provided by the Father shows that he took carer’s leave on 14 to 15 September 2021, 19 August 2021, 2 September 2022, and 3 June 2022, as well as showing frequent annual leave throughout the care period for one to two days (A3). An undated letter from the Father’s Manager stated that from July 2021, the Father had been unable to regularly work overtime due to increased responsibility for his daughter, that the Father had taken carer’s leave to care for his daughter and that he took annual leave throughout the year during the school holidays (T16/126). I place weight on this evidence because it is objective evidence of when the Father took leave from the Father’s direct Manager.

24. The Father also filed statements outlining the evidence that he believed supported his claims about the percentage of time he cared for A (A2, A3, A11). These included assertions from the Father that A’s tutor was 12 minutes from his house and 40 minutes from the Mother’s house, which he stated suggested A was living with him. He also referred to A’s school being 10 minutes from him and 40 minutes from the Mother’s house.

25. The Father also filed a letter from his brother and sister in law, which state that the Father told them that A has lived with the Father full-time for the last 14 to 16 months (A3).

26. The Father also filed a petition signed by 16 of his work colleagues where they signed to confirm they have “heard him speaking about his fight with child support due to them not believing that his daughter was living with him full-time” (A3).

27. Another letter from a person whose granddaughter is friends with A stated that since July 2021 “he [the Father] has more than the allocated support/ care time that was originally planned” with A and that he has re-arranged his work roster to accommodate the Mother when the need arose for the Father to care for A outside of his allotted care time (T30/164). I do not place very much weight on these letters as these persons do not live with the Applicant and are likely to be reporting what he has told them.

28. A letter dated 22 February 2022 from the Applicant’s other brother and sister in law is more helpful because they state what they have observed about A’s care. The relevant parts of the letter state (T30/163):

    … we have noticed that since July 2021, [A] has spent many extra days in [the Father’s] care. We are made aware of this due to the fact that when he stops by for a visit, he quite often needs to go home as [A] is there, this is sometimes multiple days in a row. [A] will go home to her mother for a day or two and then phones her dad to come and get her. [The Father] spends many a weekend at Adventure World with [A], allowing her to have a friend sleepover and spending full days supervising them at the waterpark. [The Father] brings [A] over to our house for a swim on occasion also and comments that she is staying with him until she goes back to her mother’s house where she stays for one or two days before she wants to return to his house.

    [A] has had many school absences due to health/ social issues and has spent much of the time at [the Father’s] house regardless of whether the Father is there or at work, she chooses to be there alone rather than at her mother’s house. [The Father] works different shifts but is always accommodating to [A’s] requests to be at his house. …

29. A letter from the Department of Education dated 22 February 2022, a certificate of registration as a home educator as of 21 February 2022 and an application to be registered as a home educator shows that although both parents are registered to be home educators, the Father’s address is listed (A3).

30. The Father submitted a list of drinks purchased for A, including on 26, 27, 28 and 29 November 2022, and 3, 5, 9,11,19 and 22 December when the Mother’s calendar claimed she had care of A. His evidence in an email dated 10 April 2023 was that if the Mother had A on those days he would have driven 30 minutes to pick up A, 40 minutes to buy A the drinks from the relevant shopping centre and then another 40 minutes to drop her back to the Mother (A4).

31. A text message from A to the Father dated 10 October 2022 also states “can we take [the cat] to ours one day I want her there because she’s my cat and I don’t always want to go to mums to see her … why can’t you take … her because I really want [the cat] at ours …” (A2).    

32. After the hearing the Father filed an email from A’s tutor dated 20 January 2024. The email stated:

    [A] commenced small group and individual tutoring sessions at [organisation name omitted], at the beginning of March 2022. She attended 3 times a week throughout 2022 with some absent days due to illness and anxiety.

    Her program was based on her assessment results and covered English, Maths, HASS, science and health subjects.

33. That email supports the Father’s evidence that A attended regular tutoring, and I accept his evidence that he paid for the tutoring.

    The Mother

    Evidence at the hearing

34. At the hearing the Mother stated that A attended school from July 2021, but was home-schooled from approximately February 2022 until December 2022. She stated that A would spend two to three nights a week with the Father during the care period. The Mother’s evidence was that in the October 2022 holidays A may have spent four or five nights a week with the Father. Her evidence was that she was primarily responsible for home-schooling A. She stated that A attended tutoring one day a week on a Friday and that the Father would take A to the tutoring and sometimes she would stay over with the Father afterwards. She also stated that the A’s cat lived with her but that A would sometimes take the cat in a carrier when she visited the Father (transcript/30-38).

    Documentary evidence

35. As I have mentioned above, the Mother also provided calendars showing care. These included a:

    ·Schedule dated 2 December 2021 which listed the nights the Father had care of A from July 2021 to November 2021 (T14/123).

    ·Calendar of nights of care from July 2021 to January 2022 (T27/154).

    ·Calendar of nights of care from July 2021 to June 2022 (T42/247-255).

    ·Calendar of nights of care from July 2022 to December 2022 (OP1).

36. The Mother also provided confirmation that she took A on holiday from 24 December 2021 to 31 December 2021 (T32/208-210). The parties are in agreement that A went on holiday with the Mother for these dates.  

37. The Mother filed a certificate of registration as a home educator as of 21 February 2022 which shows the Father and the Mother are registered as home educators for A, with the Mother’s address listed (OP4). As I outlined above, the Father also has one of these certificates with his address stated, and so overall, I do not think this home-schooling information assists in corroborating which parent had care of A. 

38. Statements from the Mother dated 14 March 2023 and 6 April 2023 in response to the Father’s submissions (OP2 and OP3) provide further information regarding A’s schooling arrangements. The Mother states that the Father had offered to take A to tuition because he has flexibility with his work roster. She stated that if the Father had A for a few hours a day he regarded that as overnight care. She stated that she thought the Father was objecting to paying child support after being advised it would increase when A turned 12.

39. A statement from A’s maternal grandmother dated 8 December (no year is stated) says that “I have witnessed the dates [the Mother] has presented for A being at her father’s place; and confirm these dates to be true and correct” (T14/122). I can give very little weight to this letter because I am not sure of the year of the letter or the days that are referred to.

40. Another letter dated 20 February 2022 from A’s maternal grandmother is more specific. It states that she confirms that the Mother had care of A on the dates in a care calendar. This appears to be a calendar submitted to Centrelink on 20 February 2022 which shows the mother as having 156 nights of care out of 212 nights (approximately 74%) between July 2021 and January 2022 (T27/154). The grandmother stated (T27/155):

    I have personally witnessed [A] being there on some of those dates or spoken to [the Mother] on the phone on the other dates and she has confirmed [A] was at her place then. I have also spoken to [A] on her mobile phone on some of those dates.

41. There is another letter dated 16 February 2022 (T27/156) from the Mother’s subsequent partner, L, who is the father of another child with the Mother. They now appear to be separated. The letter states that L co-signed the care calendar (at T27/154 showing the 156 nights of care), and that he can confirm that “on those dates I have phoned [the Mother] in regard to our daughter … and she has stated A was there, or I was at [the Mother’s] on some of the days visiting my daughter”. I give the letter some weight because it proports to be based on L’s own observations, however L may not have an accurate appreciation of the nights of care if he was not living with the Mother. He could only attest to A’s presence at certain times of the day when he called or visited, and if he was separated from the Mother, it is doubtful that he was present enough to observe the overnight care of A was 74% of the time as the care calendar suggests.

42. After the hearing the Mother submitted a Home Education 2022 Re-evaluation Report dated 16 June 2022. The Report refers to the Mother accessing “the Euka Future Learning comprehensive educational package, which she is using to supplement the learning activities already addressed”. It also refers to the Mother providing documentation prior to the meeting which “clearly reflects a provision of a comprehensive learning program”.

43. The Mother also submitted that A “did not attend many of her private tuition sessions due to illness and anxiety”, which she stated was confirmed in the email from the tutor filed by the Father. However, as I mentioned above, that email stated that A attended tutoring “3 times a week throughout 2022 with some absence days due to illness and anxiety”. My inference from the wording was that despite some absences, A was regularly attending tutoring, sometimes three times a week.   

    CONSIDERATION

44. Sections 49 and 50 of the Child Support (Assessment) Act 1989 (Cth) (Assessment Act) set out when a percentage of care determination must be made.

    Does s 49 or 50 apply?

1. Section 49 applies if, having regard to all the circumstances, a responsible parent for a child had, or is likely to have, no pattern of care for the child during the care period.

2. Section 50 applies if, having regard to all the circumstances, the Registrar is satisfied that a responsible parent has had, or is likely to have, a pattern of care during the care period.

3. Section 50 provides:

   Determination of percentage of care–responsible person has had etc. a pattern of care for a child

   (1)  This section applies if:

   (a)  either of the following applies:

   (i)  an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child;

   (ii)  a parent is taken under section 73A to have had a relevant   dependent child from a day specified in that section;

   and the Registrar is satisfied that a responsible person for the child has had, or is likely to have, a pattern of care for the child during such period (the care period) as the Registrar considers to be appropriate having regard to all the circumstances; or

   (b)  both of the following apply:

   (i)  the determination of a responsible person’s percentage of care for a child that was made under section 49 or this section is revoked or suspended under Subdivision C of this Division, except under paragraph   54FA(3)(b) or 54HA(3)(b);

   (ii)  the Registrar is satisfied that the responsible person has had, or is likely to have, a pattern of care for the child during such period (the care period) as the Registrar considers to be appropriate having regard to all the circumstances.

   (2)The Registrar must determine the responsible person’s percentage of care for the child during the care period.

   (3)The percentage determined under subsection (2) must be a percentage that corresponds with the actual care of the child that the Registrar is satisfied that the responsible person has had, or is likely to have, during the care period.

   (4)Subsection (3) does not apply if section 51 applies in relation to the responsible person.

4. I am satisfied, as demonstrated by the calendars submitted by both parties, that there has been a pattern of care during the care period, although the parties disagree as to the details. Therefore s 50 applies.

   The change of care date and the care period

5. The Mother, Father and Respondent agree that there was a change of care on 1 July 2021. I agree, and so find, noting that in their evidence, the Father and the Mother both referred to there being a change in care on 1 July 2021.

6. Further, I am satisfied that the appropriate “care period” (as referred to in s 50) is 1 July 2021 to 31 December 2022. Both parties have filed evidence covering that period.

   The Father and Mother’s actual percentages of care

7. I now turn to the actual percentages of care that the Father and the Mother provided to A during the care period.

8. The Child Support Guide (the Guide) at paragraph [2.2.1] states that, “A person's percentage of care for a child will generally be determined according to the actual care that they have of the child.”

9. Although the number of nights a child spends with a parent is the primary measure of care, (s 54A of the Assessment Act), the factors in Polec & Staker & Anor [2011] FMCAfam 959 (which are reproduced in the Guide at paragraph [2.2.1]) provide further guidance for determining whether and to what extent a person has care of a child. These factors, as reproduced in the Guide, include:

   An object of the Child Support Scheme is 'that persons who provide ongoing daily care for children should be able to have the level of financial support to be provided for the children readily determined without the need to resort to court proceedings' (CSA Act section 4(2)(c)). The CSA Act does not define the term 'ongoing daily care', however the Registrar will take into account a number of factors in determining whether a person cares for a child.

   In most cases, it will be relatively clear whether and to what extent a person is caring for a child and care will generally be worked out based on the number of nights that the child is likely to be, or has been, in the care of the person during the care period (CSA Act section 54A). Where there is doubt, the Registrar will consider whichever of the following are relevant to the particular case, based on the extent to which the:

   ·person has control of the child, including having overall responsibility for the child and making

   o  major decisions relating to who the child spends time with, and the child’s health, education, discipline, recreational and/or social activities, and

   o  arrangements for others to meet the needs of the child (delegated care)

   ·person meets the needs of the child by providing the child with accommodation, clothing, food, child care, education, health care, emotional support, supervision, transport and extra-curricular activities

   ·person pays for the costs of meeting the needs of, or otherwise provides financial support for, the child

   …

10. Section 54A of the Assessment Act provides a method for working out the actual care of a child. It provides:

    Working out actual care, and extent of care, of a child

    (1)The actual care of a child that a person has had, or is likely to have, during a care period may be worked out based on the number of nights that the Registrar is satisfied that the child was, or is likely to be, in the care of the person during the care period.

    (2)The extent of care of a child that a person should have had, or is to have, under a care arrangement during a care period may be worked out based on the number of nights that the child should have been, or is to be, in the care of the person during the care period under the care arrangement.

    (3)For the purposes of this section, a child cannot be in the care of more than one person at the same time.

11. The Mother and the Father gave conflicting evidence at the hearing and in their calendars. Therefore, the documentary evidence has assisted me to be reasonably satisfied about the actual care of A that took place during the care period.   

12. The Father has been able to provide more documentary evidence than the Mother in support of his application. Further, that evidence corroborates his calendar evidence. For example:

    ·the text messages organising sleepovers for A with her friend suggest that he had A on those weekend nights and that he was making decisions about who A spent time with;

    ·the numerous emails to the school advising them that A was ill or had medical appointments and sending medical certificates suggests that he had overnight care of A on those days, which suggests he was making decisions about her health and education;

    ·his work “absence summary” shows multiple single annual leave days and carers days, which is corroborated by a letter from his manager stating that he frequently takes leave during school holidays which suggests he was caring for and supervising A;

    ·the text from A regarding her cat also suggests that she primarily lives with the Father;

    ·there was some evidence of the Father paying tutoring and medical expenses. The Father’s evidence about A having tutoring three times a week was corroborated by the email from the tutor; and  

    ·a large number of receipts for tea drinks bought for A which suggests A was with the Father on those days.

13. The Mother provided calendars, but her other documentary evidence was not sufficient to corroborate those calendars. That evidence was:

    ·the home-schooling certificate, but as I explained above, both parties had versions of this certificate containing their respective addresses;

    ·the statements from A’s maternal grandmother referring to her witnessing A being at the Mother’s house, but she does not live with the Mother and is unlikely to be able to confirm the care of A for all of the nights claimed by the Mother. The same can be said for L for the reasons I outlined above; and

    ·the Home Education 2022 Re-evaluation Report submitted by the Mother which suggests she was involved in the home schooling of A, but it is unclear as to the timeframe, extent and the relationship to the nights of care.

14. I am reasonably satisfied that the Father’s evidence supports a finding that his calendar was correct. His calendar shows he had 70% care and the Mother had 30% care during the care period.

    Revoking the Existing Care Determination

15. As I have found different percentages of care to the AAT1, I must determine which of s 54F, s 54G or 54H is applicable.

16. Section 54G of the Assessment Act does not apply because neither parent is seeking a care decision which would reduce the parent’s care to below regular care, that is, below 14%.

17. I am also satisfied that s 54H does not apply because, for the reasons I explain in the next paragraph, s 54F applies (s 54H(1)(c) of the Assessment Act).

18. Section 54F of the Assessment Act provides that the Existing Care Determination must be revoked and replaced with new percentage of care determinations if there is a change to the cost percentage because the care of the child that is actually taking place does not correspond with the existing percentage of care. The Existing Care Determination provided for 14% to the Father and 86% to the Mother and does not reflect the percentage of care for A during the care period. Accordingly, I revoke the Existing Care Determination and make a new care percentage determination under s 50 (to reflect the pattern of care that actually took place) which is 70% to the Father and 30% to the Mother.

    Date of effect

19. I now turn to the date of effect. Section 54B of the Assessment Act specifies the date from which any new care percentage determination made by this Tribunal must take effect.

20. The change of care occurred on 1 July 2021, and the Father did not notify Centrelink of the change of care until 3 November 2021. Therefore, notification occurred more than 28 days after the date of the change of care. Applying s 54F(3)(b) of the Assessment Act, the date of effect of the revocation of the Existing Care Determination for the Father will be 3 November 2021, and for the Mother will be 1 July 2021.

    DECISION

21. The Reviewable Decision, being the AAT1 Decision dated 26 September 2022, is set aside and is substituted with the new decision that:

    (a)the Existing Care Determination is revoked;

    (b)new care determinations are made that the Father had 70% care and the Mother had 30% care of A from 1 July 2021 for the care period, being 1 July 2021 to 31 December 2022; and

    (c)the date of effect of the revocation of the Existing Care Determination is 3 November 2021 for the Father, and 1 July 2021 for the Mother.

I certify that the preceding 65 (sixty-five) paragraphs are a true copy of the reasons for the decision herein of Senior Member Dr M Evans-Bonner

........................[Sgd]................................................

Associate

Dated: 24 April 2024

Date of hearing:

19 January 2024

Date final submissions received:

4 February 2024

Representative for the Applicant:

Self-represented

Representative for the Respondent:

Representative for the Other Party:    

Mr R Monteleone, Services Australia

Self-represented