Navarro and Navarro (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding child support assessments. The appellants, Mr Navarro and Ms Navarro, sought to challenge decisions made by the Child Support Registrar concerning the percentage of care for their child. The Registrar had previously made determinations regarding the percentage of care, which the appellants sought to have revoked and new determinations made.

The central legal issue before the Full Court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. The Court was required to consider the evidence presented regarding the care arrangements for the child and determine if these arrangements constituted a "change in the likely pattern of care" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Full Court affirmed the decision of the Registrar. The Court applied the principles governing the assessment of the percentage of care, focusing on the likely future pattern of care rather than past arrangements. It found that the evidence did not establish a sufficient change in the likely pattern of care to warrant the revocation of the existing determinations and the making of new ones. The Court's reasoning emphasised the need for a demonstrable and likely shift in care responsibilities to justify altering established child support assessments.