Tennyson and Shea (Child support)

This matter concerned an appeal to the court by Miss Tennyson and Mr Shea regarding decisions made by the Child Support Registrar concerning the percentage of care for their child, [Child 1]. The dispute arose from a change in the child's living arrangements in April 2018, where [Child 1] went from being in Mr Shea's full-time care to residing with Miss Tennyson. Mr Shea subsequently obtained a recovery order for the child's return, leading to the Registrar's determinations which were the subject of the appeal.

The court was required to determine whether there had been a change to the likely pattern of care for [Child 1] and, if so, whether the Registrar's existing percentage of care determinations should be revoked and new ones made. Central to this was the question of whether court orders for the child's return were complied with, and whether reasonable action was taken by Mr Shea to secure the child's return, particularly in light of the lack of an interim period being applied to the care arrangements.

The court found that while Mr Shea initially intended for [Child 1] to stay with Miss Tennyson only temporarily, the duration of this arrangement was not fixed between the parties. The court was satisfied that the change in care was primarily based on [Child 1]'s wishes and that there was no clear evidence that the child was intended to return to Mr Shea immediately after the school holidays. The court also noted that Miss Tennyson was unaware of Mr Shea's requests for the child's return until police intervention, and that Mr Shea's attempts to contact Miss Tennyson were not demonstrably effective in seeking the child's return. Consequently, the court set aside the decision under review and substituted its own orders.