Rowan and Rowan (Child support)

This matter concerned an appeal by the father, Mr Rowan, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the care percentages. The appeal was heard by J Longo M.

The primary legal issue before the court was to determine whether the Registrar’s decision to alter the percentage of care was justified, specifically whether the evidence established a change to the likely pattern of care. This involved an assessment of the factual circumstances and whether they met the threshold for a change in the established care arrangements under the relevant legislation.

J Longo M considered the evidence presented regarding the child's living arrangements and the practicalities of the care provided by each parent. The court applied the principles governing changes to the pattern of care, which require a significant and likely ongoing alteration to the established routine. The court found that the Registrar had erred in their assessment of the evidence, concluding that the circumstances did not demonstrate a sufficient change to warrant a revision of the care percentages. Consequently, the Registrar's decision was set aside and substituted with a finding that the previous care percentages should remain in effect.