Parham and Parham (Child support)
Case
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[2021] AATA 463
•14 January 2021
Details
AGLC
Case
Decision Date
Parham and Parham (Child support) [2021] AATA 463
[2021] AATA 463
14 January 2021
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Parham and Parham, concerning the percentage of care for their child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care.
The primary legal issue before the Tribunal was whether a one-off block of 100% care constituted a change to the likely pattern of care sufficient to warrant the revocation of existing percentage of care determinations and the making of new ones under the *Child Support (Registration and Collection) Act 1988*.
The Tribunal affirmed the decision under review, finding that a temporary, one-off period of 100% care did not demonstrate a change to the *likely* pattern of care. The legislation requires a consideration of the future likelihood of care arrangements, and a temporary deviation from the established pattern, without evidence of a sustained or intended shift, does not meet this threshold. The Tribunal applied the principles of assessing the likely future pattern of care, distinguishing between a temporary arrangement and a fundamental alteration to the care arrangements.
The primary legal issue before the Tribunal was whether a one-off block of 100% care constituted a change to the likely pattern of care sufficient to warrant the revocation of existing percentage of care determinations and the making of new ones under the *Child Support (Registration and Collection) Act 1988*.
The Tribunal affirmed the decision under review, finding that a temporary, one-off period of 100% care did not demonstrate a change to the *likely* pattern of care. The legislation requires a consideration of the future likelihood of care arrangements, and a temporary deviation from the established pattern, without evidence of a sustained or intended shift, does not meet this threshold. The Tribunal applied the principles of assessing the likely future pattern of care, distinguishing between a temporary arrangement and a fundamental alteration to the care arrangements.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Procedural Fairness
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Statutory Construction
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