Summerhays and Mollett (Child support)

The Federal Circuit Court of Australia considered a dispute between Summerhays and Mollett concerning the percentage of care for a child. The applicant, Summerhays, sought to alter the registered percentage of care, arguing that there had been a change to the likely pattern of care. The respondent, Mollett, opposed this application.

The central legal issue before the Court was whether the applicant had demonstrated a change to the likely pattern of care for the child. Specifically, the Court had to determine if the applicant had taken reasonable action to ensure that the existing care arrangement was complied with, given the alleged reduction in their care. The Court also considered whether there was any interim care arrangement in place.

The Court found that there had been no change to the likely pattern of care. It was not satisfied that the applicant, who had reduced their care of the child, had taken reasonable action to ensure the existing care arrangement was complied with. Consequently, the Court affirmed the decision under review.