VYZB and Child Support Registrar (Child support second review)

This matter concerned a review of a child support determination, brought before the court by VYZB (the mother) against the Child Support Registrar. The central dispute revolved around the percentage of care for their child, A, during the period from 13 December 2020 to 2 August 2021, when A resided with his father. The mother contended that despite A living with his father, she continued to provide significant care, while the father asserted he had sole care during this time.

The court was required to determine the extent to which each parent had care of A during the specified period, considering the criteria for calculating the percentage of care under the relevant legislation. This involved assessing whether A's residence with his father constituted a complete change in care arrangements, or if the mother's continued financial and emotional support amounted to a measurable percentage of care. The court also had to consider the timeliness of the father's notification of the change in care arrangements to the Registrar.

The court applied the principles outlined in s 54A of the Child Support (Registration and Collection) Act 1988 (Cth), which generally bases care calculations on the number of nights a child spends with each parent. However, it also acknowledged that this method may not always accurately reflect the reality of care, particularly when a child lives separately from both parents. Drawing on factors from *Polec v Staker*, the court considered the provision of accommodation, food, clothing, financial support, and emotional support. Despite the mother's significant financial and emotional contributions, the court found that these did not equate to a percentage of care when A was spending 100% of the nights with his father. The court determined that the father had 100% care of A from 13 December 2020 to 1 August 2021, and that A returned to his mother's 100% care from 2 August 2021. The court found the father's notification of the change in care arrangements on 15 July 2021, approximately seven months after the change, was not a reasonable period.

Consequently, the court revoked the existing care determination, which had stated the mother had 100% care. A new determination was made, establishing that the father had 100% care and the mother had 0% care from 13 December 2020 to 1 August 2021. The court further found that the mother's notification of A's return to her care on 2 August 2021 was made within a reasonable period. The decision under review was set aside and remitted for reconsideration in light of these findings.