Rudling and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Rudling, against a decision of the Child Support Registrar. The dispute centred on whether there had been a change to the likely pattern of care of the child, which would necessitate revoking existing percentage of care determinations. The appeal was heard by P Jensen M.

The primary legal issue before the court was whether the Registrar had erred in finding that there had been a change to the likely pattern of care of the child. This involved determining whether the evidence presented supported a revocation of the existing percentage of care orders, or if the existing determinations should remain in place.

P Jensen M reasoned that the Registrar's decision to revoke the existing percentage of care determinations was not supported by the evidence. The court found that there had been no substantial or material change to the likely pattern of care that would justify such a revocation. Consequently, the court determined that the existing percentage of care determinations should not be revoked.

The court set aside the decision under review and substituted it with its own orders, upholding the existing percentage of care determinations.