SVFG and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Child Support Registrar. The applicant sought to argue that there had been a change in the care percentage of the children, A and B, from the commencement of April 2019, which would alter the child support assessment. The applicant contended that the other party had ceased to have care of the children from that date, with the last instance of care being 29 March 2019. The applicant alleged that the children refused to go with their father, the other party, from April 2019 onwards, citing an argument involving the other party's fiancé as a significant factor.

The legal issues before the court were whether there had been a material change in the care percentage of the children, A and B, from April 2019, and whether the other party had taken reasonable action to ensure compliance with the existing court orders regarding care arrangements. The applicant argued that the other party's actions, or lack thereof, demonstrated a failure to maintain the care arrangement, while the other party contended that he had taken reasonable steps to address the situation and that the children's refusal to attend access was the primary cause of the change.

The court found that the applicant's evidence regarding the children's refusal to attend the wedding and their lack of awareness of the plans was not credible, contrasting it with the other party's evidence of the children's involvement in wedding preparations. The court accepted that the other party was genuinely surprised by the children's refusal to attend and that the applicant was aware of the wedding plans. The court determined that the other party's actions, including instructing solicitors, filing proceedings in the Family Court, and attending court hearings, constituted reasonable steps to ensure compliance with the court order and reinstate the care arrangement. The court also found that the other party's decision to give the children space and pursue legal avenues rather than forcing contact was a reasonable approach given the tense relationship.

The court affirmed the decision under review, finding that there had not been a change in the care percentage that would alter the child support assessment. The court concluded that the other party had taken reasonable action in response to the breakdown in the care arrangements.