Shayle and Shayle (Child support)

This matter concerned an appeal by the father, Mr Shayle, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The Registrar had revoked existing percentage of care determinations and made new determinations, which the father contended were incorrect. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the children, which would justify the revocation of existing percentage of care determinations and the making of new ones. The court was required to assess the evidence presented by both parties regarding the actual care arrangements and the likely future care arrangements for the children.

The court considered the evidence of both parents and the children's school attendance records. It found that while there had been some fluctuations in the care arrangements, these did not amount to a significant and ongoing change in the likely pattern of care that would warrant the revocation of the existing determinations. The court applied the principles established in the *Child Support (Registration and Collection) Act 1988* regarding the assessment of percentage of care, emphasising the need for a substantial and lasting change.

The court set aside the decision of the Child Support Registrar and substituted new percentage of care determinations that reflected the established pattern of care.