Pether and Jeffress (Child support)

This matter concerned an appeal by the father, Mr Jeffress, against a decision of the Child Support Registrar, affirmed by the Administrative Appeals Tribunal, regarding the percentage of care for the parties' children. The dispute arose following a change in the children's living arrangements, where the children were not made available to the father.

The Administrative Appeals Tribunal was required to determine whether the percentage of care attributed to the father was correctly assessed, particularly in light of the change in the children's living arrangements and the fact that they were not made available to him. The Tribunal considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning changes in care.

The Tribunal affirmed the decision of the Child Support Registrar, finding that the evidence supported the assessment of the percentage of care. The Tribunal's reasoning focused on the practical reality of the children's living arrangements and the father's inability to exercise his assessed percentage of care due to the children not being made available to him. The Tribunal applied the principles that the assessment of care must reflect the actual circumstances and that a parent cannot be credited with care that is not being provided or facilitated.

The appeal was dismissed, and the decision of the Administrative Appeals Tribunal was affirmed.