Pietro and Poulsen (Child support)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar regarding the percentage of care for a child, [Child 1], between the child's parents, Mr Pietro and Ms Poulsen. The dispute arose following Mr Pietro's notification to the Child Support Agency (CSA) on 30 April 2020 that the child's care pattern had changed, with the child spending most nights with Ms Poulsen's uncle. The CSA initially altered the care percentages to 21% for Mr Pietro and 0% for Ms Poulsen. Ms Poulsen objected, and an objections officer subsequently revised the percentages to 79% for Ms Poulsen and 21% for Mr Pietro, a decision Mr Pietro then sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was to determine the likely pattern of care for [Child 1] as at 30 April 2020, and whether Ms Poulsen should continue to be recorded as providing the majority of care despite the child temporarily residing with her uncle. This involved assessing whether Ms Poulsen retained responsibility for the child's care, including financial support and decision-making, during the period of temporary relocation. The Tribunal also considered the effective date for any changes to the care percentages.

The Tribunal reasoned that while [Child 1] temporarily resided with Ms Poulsen's uncle between March and May 2020 due to Ms Poulsen's relocation, she maintained significant involvement in the child's life. Evidence indicated Ms Poulsen continued to make decisions regarding the child's welfare, such as approving vaccinations, and provided financial support to her uncle for the child's upkeep. The Tribunal applied a common-sense approach, supported by policy guidelines and case law, which allows a parent to be recorded as retaining care if they provide financial support and remain actively involved in decision-making, particularly during periods of temporary delegation of care. The Tribunal found that Ms Poulsen's actions demonstrated she retained care responsibility, and Mr Pietro's proposed care arrangement of three nights per fortnight was also acknowledged.

The Tribunal affirmed the decision of the objections officer, finding that the care percentages for [Child 1] should be recorded as 79% for Ms Poulsen and 21% for Mr Pietro from 23 March 2020. The change was made effective from 23 March 2020 for Ms Poulsen and 30 April 2020 for Mr Pietro, reflecting the date of the change and the date of notification, respectively.