Wickstead and Wickstead (Child support)

This matter concerned an appeal by the father, Mr Wickstead, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The appeal was heard by J Thomson M.

The primary legal issue before the court was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, based on an assessment of a change in the likely pattern of care. This required the court to consider the evidence presented regarding the actual care arrangements for the child and to assess whether these arrangements constituted a "change" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

J Thomson M found that the Registrar had not properly considered the evidence before making the decision to revoke the existing determinations. The court applied the principles that a change in the likely pattern of care must be substantial and enduring, and that the Registrar must have regard to all relevant circumstances. In this instance, the court determined that the evidence did not support a finding that there had been a sufficient change to warrant the revocation of the existing percentage of care determinations.

Consequently, the court set aside the decision of the Child Support Registrar and substituted it with a new determination that the existing percentage of care arrangements should remain in place.