Tyndall and Tyndall (Child support)

The case of *Tyndall and Tyndall* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have existing child support percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care. The respondent contended that court orders regarding care had not been complied with and that the applicant had not taken reasonable action to facilitate the respondent's care. The matter was heard by Presiding Member H Moreland M.

The primary legal issues before the Member were whether there had been a change to the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked and new ones made. The Member also had to consider whether the respondent had taken reasonable action to facilitate the applicant's care, particularly in light of alleged non-compliance with court orders. The application of an interim period was also a relevant consideration.

The Member's reasoning focused on assessing the evidence presented regarding the actual care arrangements and the reasons for any deviations from court orders. The Member considered the concept of "reasonable action" in the context of a parent's obligation to facilitate the other parent's care. The decision affirmed the existing determinations, indicating that the threshold for revoking them and making new ones had not been met, and that the respondent had not been prevented from exercising their care responsibilities by the applicant's actions.