PBVS and Child Support Registrar (Child support second review)

This matter concerned a second review by the Child Support Registrar regarding a dispute between Mr X and Ms Y concerning the percentage of care of their children, J and O. The core of the dispute revolved around whether the percentage of care had changed from an initial 50% shared care arrangement under a court order, to Mr X having no overnight care of the children from a disputed date. The Tribunal was required to determine the date from which any change in care arrangements should be effective.

The legal issues before the Tribunal included whether the care arrangements had changed, whether the existing care arrangement was being complied with, and whether reasonable action had been taken to obtain care of the children. Specifically, the Tribunal had to consider the provisions of Division 4 of Part 5 of the Child Support (Assessment) Act 1989, particularly sections relating to changes in care percentages and the definition of "regular care." The Tribunal also had to assess the admissibility and weight of text messages provided as evidence, noting that incomplete message records and the absence of years on some messages made them unreliable for precise dating.

The Tribunal's reasoning involved a careful consideration of the evidence, including text messages, and the relevant legislative provisions. It found that while Mr X had previously shared 50% care of the children, the circumstances had changed such that he had no overnight care from a disputed date. However, the Tribunal was not satisfied that there were special circumstances preventing Mr X from lodging an application earlier. Consequently, for child J, the existing percentage of care determination was revoked on 2 October 2018, with a new determination of 0% care made on 3 October 2018. For child O, a determination of 50% care was made until 12 November 2018, with 0% care thereafter, but the effective date of this change was ultimately determined to be 26 October 2020, aligning with when Mr X lodged his application. The Tribunal affirmed the decision to decline a determination under section 95N(2) of the Child Support (Registration and Collection) Act 1988.