Rodham and Deller (Child support)
[2025] ARTA 1596
•2 July 2025
Rodham and Deller (Child support) [2025] ARTA 1596 (2 July 2025)
Applicant/s: Mr Rodham
Respondent: Child Support Registrar
Other Parties: Ms Deller
Tribunal Number: 2025/MC029269
Tribunal: General Member P Noonan
Place:Melbourne
Date:2 July 2025
Decision:The Tribunal sets aside the decision under review and, in substitution, decides that the care of the children, [Child 1] and [Child 2], is 29% to Mr Rodham and 71% to Ms Deller, effective from 30 April 2024.
CATCHWORDS
CHILD SUPPORT – percentage of care – change to the pattern of care – disputed number of nights of care – existing percentage of care determinations revoked – date of effect – decision under review set aside and substituted
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.
Statement of Reasons
BACKGROUND
This is an application by Mr Rodham (‘the father”), in respect to a care percentage decision made by Services Australia (“Child Support”) to register a change in the percentage of care provided by Ms Deller (“the mother”) with respect to their children [Child 1] and [Child 2], (“the children”).
On 10 May 2024, the mother wrote to Child Support and advised that the father had missed a series of scheduled care nights from 30 April 2024 to 21 May 2024.
On 6 June 2024, the existing registered percentages of care of 57% to the mother and 43% to the father were revoked by Child Support effective from 21 April 2024. New determinations of the mother’s percentage of care of 90% and the father’s percentage of care of 10% were reflected from 22 April 2024 (“the original decision”).
On 11 June 2024, the father lodged an objection to the original decision. On 24 January 2025, an objections officer decided to disallow the objection.
On 6 February 2025, the father applied to this Tribunal for an independent review of the decision.
A hearing was held by the Tribunal on 2 June 2025. Both the father and mother appeared at the hearing by conference telephone and gave evidence to the Tribunal. Following the hearing, the Tribunal received further evidence and submissions from both parents. The first submissions were exchanged for comment. Both parents commented and made further submissions. Those final submissions are exchanged for information with this decision. Papers are numbered as follows: Child Support papers: 1 to 162, the father’s submissions: A1 to A25, and the mother’s submissions: B1 to B119.
The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act 1989 (the Act) and the Child Support (Registration and Collection) Act 1988.
ISSUES
The issue in this case is:
· Should the existing care percentages be revoked, and, if so, what should the new care percentages be and from when?
CONSIDERATION
The first question to be answered in this matter is whether a change to the existing care percentages has occurred? Section 50 of the Act requires the Tribunal to be satisfied that the responsible person has had, or is likely to have, a pattern of care during such period (the care period) as the Tribunal considers to be appropriate having regard to all the circumstances.
The period originally notified by the mother was for an expected period of three weeks only. The parents agreed that this was because one of the father’s parents was unwell. The father agreed that he had missed nights of scheduled care between 30 April 2024 and 21 May 2024 inclusive for this reason.
The mother informed the Tribunal that she agreed the father had provided more care to the children than that reflected under the original decision from 22 April 2024.
Neither parent has maintained formal care records. The only conclusively missed care night near the above period was on 4 June 2024 as evidence by a communication retained on [a named App].
However, it is apparent that on 23 August 2024 the father agreed in a conversation with Child Support that his care of the children had ceased. He supplied photos of himself with the children from 4 October 2024.
Child Support has registered a change in care for the children of 51% to the mother and 49% to the father from 17 December 2024, notified on 19 December 2024. That care change is not disputed or under review here.
The Tribunal is satisfied that the father had 0% care of the children from 23 August 2024 to 3 October 2024 because of the suspension of the court orders due to the issuing of an interim intervention order. From 3 October 2024, he began retaining photos of himself with the children, which he had also done for the period from 28 May 2024.
The Tribunal will consider the actual care provided in the period 30 April 2024 to 16 December 2024, which is a period of 230 nights. Under the orders, the father had care on Tuesday and Wednesday nights in week one and Tuesday, Wednesday, Friday and Saturday nights in week two. He also shared care during the school holidays each other week.
Accordingly, the Tribunal is satisfied that the weight of the evidence reflects the father had care of the children on:
· 28, 29 and 31 May 2024,
· 1, 5, 11, 12, 14, 15, 18, 19, 25, 26, 29, 30 June 2024;
· 1, 2, 3, 4, 5, 6, 7 July (school holidays), 16,17, 23, 24, 26,27, 30, 31 July 2024;
· 6, 7, 8, 10, 13, 14 August 2024;
· 2, 3, 8, 9, 11, 12, 15, 16, 22, 23, 25, 26, 29, 30 October 2024;
· 5, 6, 8, 9, 12, 13, 19, 20, 22, 23, 26, 27 November 2024;
· 3, 4, 6, 7,10,11 December 2024.
The above care for the father totals 68 nights of care in the relevant 230-night care period. This equates to a care percentage of 29.6% rounded to 29% as per section 54D of the Act. An interim care decision is not applicable in this matter. The Tribunal is satisfied that the necessary conditions for a mandatory revocation under section 54F of the Act present themselves in this matter.
The change of care day is 30 April 2024. Notification of the care change occurred on 10 May 2024 and this meets the 28-day time limit as per subsection 54F(3). As such, the existing care determination is revoked on 29 April 2024.
As a result, the care of the children is to be recorded as 29% to the father and 71% to the mother, effective from 30 April 2024. This will have effect until the next change of care decision that has been registered with Child Support.
DECISION
The Tribunal sets aside the decision under review and, in substitution, decides that the care of the children, [Child 1] and [Child 2], is 29% to Mr Rodham and 71% to Ms Deller, effective from 30 April 2024.
| Date of hearing: | Monday, 2 June 2025 |
| Representative for the Applicant: | None |
| Representative for the Other party: | None |
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