Smollet and Smollet (Child support)

The case of *Smollet and Smollet* 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. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This required the court to assess the evidence presented by the parties regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing change from the previously determined pattern.

The court considered the evidence of both parties concerning the day-to-day care of the child. It applied the principles established in child support legislation and relevant case law regarding the assessment of percentage of care, focusing on the factual circumstances of the care provided. The court found that the evidence demonstrated a change to the likely pattern of care.

Consequently, the court set aside the existing percentage of care determinations and made new determinations reflecting the changed pattern of care.