Sadhvani and Sadhvani (Child support)

The case of *Sadhvani and Sadhvani* concerned an appeal to the Federal Circuit Court of Australia regarding a decision made by the Child Support Registrar. The dispute centred on whether a child support terminating event had occurred, specifically whether the child had ceased to live away from home in circumstances where the parent was no longer providing ongoing daily care.

The primary legal issue before the Court was to determine whether the Registrar’s decision to vary the assessment, on the basis that the child had ceased to live away from home and the non-resident parent was no longer providing ongoing daily care, was correct. This required the Court to consider the specific criteria for a child support terminating event under the relevant legislation, particularly concerning the concept of "living away from home" and the provision of "ongoing daily care."

The Court analysed the evidence presented, focusing on the child's living arrangements and the level of care provided by the non-resident parent. It applied the principles established in child support legislation and case law concerning when a child is considered to be "living away from home" and what constitutes "ongoing daily care." The Court found that the Registrar’s decision was not supported by the evidence, as the child had not returned to live permanently with the non-resident parent and the non-resident parent had not resumed providing ongoing daily care in the manner contemplated by the legislation for a terminating event to be triggered.

Consequently, the Court set aside the decision of the Child Support Registrar and remitted the matter back to the Registrar for redetermination in accordance with the Court's findings.