Thwaites and Thwaites (Child support)

The Administrative Appeals Tribunal considered the dispute between Thwaites and Thwaites concerning the percentage of care for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child and, if so, whether it was appropriate to consider daytime care in making that determination.

The Tribunal found that there had been a material change in the likely pattern of care. It reasoned that it was appropriate to consider daytime care when assessing the percentage of care, as this reflects the reality of the child's living arrangements. Applying this reasoning, the Tribunal set aside the existing determinations and substituted new ones reflecting the changed pattern of care.