Rimmer and Marrow (Child support)

The Child Support Registrar reviewed a decision concerning the percentage of care for a child, [Child 1], between the parties Rimmer and Marrow. The core of the dispute revolved around whether there had been a change in the established pattern of care for the child and the subsequent date from which any such change, or lack thereof, should take effect.

The Registrar was required to determine whether the decision under review, which presumably recorded a change in care, was correct. Furthermore, the Registrar had to consider whether to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988* regarding the date of effect of the tribunal's decision, and if so, whether special circumstances existed to justify a date earlier than the date of the application for review.

The Registrar set aside the original decision, finding that no change in the pattern of care for [Child 1] should be recorded from 1 November 2014. In reaching this conclusion, the Registrar applied the principle that a change in care must be a material change to the established pattern. The Registrar also decided not to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*, meaning there were no special circumstances found to justify an earlier date of effect.

Consequently, the tribunal ordered that the decision under review be set aside and substituted with a decision that no change of care be recorded for [Child 1] from 1 November 2014. The refusal to make a determination under subsection 95N(2) resulted in the date of effect of the tribunal's decision being 4 March 2016.