Mulberry and Skilvier (Child support)

This matter concerned an appeal by the father, Mr. Mulberry, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether the likely pattern of care for the child had changed, thereby necessitating a new determination of the percentage of care. The appeal was heard by Senior Member Ellis of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Registrar’s decision to revoke the existing percentage of care and make a new determination was correct. This required the Tribunal to consider the interpretation of the relevant court order and assess whether the evidence established a change in the likely pattern of care for the child.

Senior Member Ellis reasoned that the Registrar had erred in their assessment of the evidence. The Tribunal found that the evidence did not support a conclusion that the likely pattern of care had changed to the extent that the existing percentage of care should be revoked. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal determined that the Registrar’s decision was not justified by the evidence.

Consequently, the Tribunal set aside the decision under review and substituted a new decision. The Tribunal ordered that the existing percentage of care remain unchanged.