O’Cawley and Jayes (Child support)

This matter concerned an appeal by O’Cawley against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the child support payable. The appeal was heard by Member C Breheny.

The primary legal issue before the court was to determine whether the Registrar’s decision, which affirmed the existing percentage of care, was correct. This involved an assessment of whether the evidence presented demonstrated a significant and ongoing change to the child’s living arrangements that would justify altering the established care percentages.

Member Breheny affirmed the Registrar's decision, finding that the evidence did not establish a change to the likely pattern of care that was significant and ongoing. The Member applied the principles governing reassessments of child support, which require a demonstrable shift in the established care arrangements rather than temporary or minor fluctuations. The existing pattern of care was therefore maintained.