Peacock and Peacock (Child support)

This matter concerned an appeal by the father, Mr Peacock, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The Registrar had determined that the father had care of the child for 35% of the time, which resulted in no child support being payable by the mother. The father sought to have this percentage of care determination reviewed, arguing that there had been a change in the likely pattern of care since the last assessment.

The primary legal issue before the court was whether the Registrar had erred in refusing to revoke the existing percentage of care determination. Specifically, the court had to consider whether the father had demonstrated a change in the likely pattern of care that would warrant a new assessment, and if so, whether the existing determination should be revoked.

The court found that the Registrar had failed to properly consider the evidence presented by the father regarding the change in the likely pattern of care. The legal principle applied was that a percentage of care determination should be revoked if there has been a change in the likely pattern of care. The court determined that the father had indeed shown a sufficient change in the pattern of care, and therefore the Registrar's decision was set aside. The court substituted its own decision, finding that the father had care of the child for 65% of the time.