Simen and Wimshurst (Child support)

The case of *Simen and Wimshurst* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care. The respondent opposed this application. The matter came before the court for review of the Child Support Registrar's decision.

The primary legal issue before the court was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. This involved an assessment of whether there had been a change to the likely pattern of care for the child. A further issue was whether an interim period should apply to any new care arrangements, particularly given that no formal care agreement was in place between the parties.

The court affirmed the decision under review, finding that the evidence did not establish a sufficient change to the likely pattern of care to justify revoking the existing determinations. The court applied the principles governing changes to care arrangements under the *Child Support (Registration and Collection) Act 1988*, focusing on the likelihood of future care patterns rather than past events. As no change was established, the court did not make new determinations or consider the application of an interim period.