Spenceley and Sleeman (Child support)

This matter concerned an appeal by the applicant, Spenceley, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a revocation of existing percentage of care determinations and the making of new ones.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, based on an assessment of a change in the likely pattern of care. The court was required to determine if the evidence supported a finding that the child's care arrangements had altered sufficiently to warrant such a change.

The court found that the Registrar had not properly considered the evidence regarding the pattern of care. It was held that a change in the pattern of care must be substantial and not merely a temporary fluctuation. The court applied the principles that existing determinations should not be lightly set aside and that any new determination must be based on a clear and demonstrable shift in the child's living arrangements. The court concluded that the Registrar's decision was not supported by the evidence.

The court set aside the decision under review and substituted it with a new determination.