Upton and Laing (Child support)

The case of Upton and Laing (Child Support) concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging a change to the likely pattern of care. The court was required to consider whether the circumstances warranted a departure from the existing arrangements and whether the applicant had taken reasonable action.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, such that the existing percentage of care determinations should be revoked and new ones made. This involved an assessment of the factual circumstances and whether they met the criteria for a change in care arrangements under the relevant legislation. The court also had to consider the impact of non-compliance with court orders and whether the applicant had taken reasonable action in response to the situation.

The court found that the existing percentage of care determinations were no longer reflective of the actual pattern of care. It reasoned that the legislative framework allowed for the revocation and substitution of such determinations when there was a significant and likely ongoing change in the care arrangements. The court considered the evidence presented regarding the child's living arrangements and the actions taken by the parties. The court determined that an interim period should be applied to allow for the new pattern of care to stabilise before final determinations were made. The decision under review was set aside and substituted with new determinations reflecting the changed circumstances.