Wilkie and Whittlemore (Child support)
[2025] ARTA 1401
•11 July 2025
Wilkie and Whittlemore (Child support) [2025] ARTA 1401 (11 July 2025)
Applicant: Ms Wilkie
Respondent: Child Support Registrar
Other Parties: Mr Whittlemore
Tribunal Number: 2025/SC029392
Tribunal: General Member S Hoffman
Place:Perth
Date:11 July 2025
Decision:
The Tribunal sets aside the decision under review and in substitution decides as follows:
The care determination for [Child 1], [Child 2] and [Child 3] whereby Ms Wilkie provided 86% of their care and Mr Whittlemore provided 14% is revoked on 15 February 2024.
From 16 February 2024, Ms Wilkie provided 100% care for the three children and Mr Whittlemore provided no care.
To avoid doubt, the date of effect of this decision is 16 February 2024.
CATCHWORDS
CHILD SUPPORT – percentage of care – change to the likely pattern of care – existing percentage of care determinations revoked – date of effect – decision under review set aside and substituted
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.
Statement of Reasons
BACKGROUND
Ms Wilkie and Mr Whittlemore are the parents of [Child 2], [Child 1] and [Child 3], aged 14, 11 and 10 respectively.
On 20 and 25 January 2024, the mother contacted Services Australia – Child Support (Child Support) to advise that from 6 January 2024, she had been providing 100% care of the children.
At the time of contact, the Child Support system recorded that the mother provided 86% of the children’s care and the father provided 14%.
On 4 July 2024, an officer from Child Support decided that from 6 January 2024, the mother provided 100% of the children’s care (the original decision).
On 6 September 2024, the father objected to the original decision.
On 25 February 2025, an objections officer from Child Support decided to allow the objection, such that the mother provided 100% care of the children from 15 March 2024, and not 6 January 2024, with a date of effect of 15 March 2024 (the objection decision).
On 26 February 2025, the mother lodged an application for review with the Tribunal.
The matter was heard on 9 July 2025. The mother attended the hearing via MS Teams audio, equivalent to attending by telephone. She gave sworn evidence.
The father had been advised of the hearing via a hearing invitation emailed to him on 18 June 2025. He was sent a reminder via SMS to his phone on 8 July 2025. On the day of the hearing, the Tribunal rang the father at 9:30 am, 9:35 am and 9:45 am Perth time. Each call went to a mailbox. The mailbox message identified the person being called as ‘[Mr Whittlemore]’. The Tribunal is satisfied that the calls and SMS were made to the correct number.
The Tribunal had before it a bundle of documents provided by Child Support, numbered 1 to 121, copies of which were provided to the parties before the hearing.
The mother provided a written submission prior to the hearing, a copy of which was provided to the father before the hearing date.
The Tribunal considered it appropriate to proceed with the hearing in the father’s absence as he was given sufficient notice of it, and there was evidence from him included in the Child Support papers which was broadly consistent with evidence given by the mother at the hearing.
The Tribunal made its decision on 11 July 2025.
ISSUES
The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act1989 (the Act) and the and the Child Support (Registration and Collection) Act 1988 (the R&C Act).
The issue which arises in this case is whether there was a change in care on 6 January 2024 or 15 March 2024, or another date.
CONSIDERATION
Legislation
Section 50 of the Act requires Child Support to determine a person’s percentage of care during a care period, if Child Support is satisfied that the person has had, or is likely to have, a pattern of care during the care period. The percentage of care so determined must be a percentage that corresponds with the actual care of the child that Child Support is satisfied that the responsible person has had, or is likely to have, during the care period.
If a parent or non-parent carer has had no pattern of care during a care period, section 49 of the Act requires that a determination is made that the percentage of care was nil.
The legislation provides for existing percentage of care determinations to be revoked (sections 54F, 54G and 54H of the Act) and replaced by new percentage of care determinations (sections 49 and 50 of the Act).
A care period is defined in the Act as being an appropriate period having regard to all the circumstances.
Evidence and consideration of evidence
The mother said that when she contacted Child Support in January 2024, she understood from the children that they did not want to stay with their father again. However, they would change their minds at the last minute and did spend time with him as set in the following paragraphs during January and February 2024:
The usual pattern of care was for the children to spend two nights every second weekend with the father.
According to the mother, on 6 January 2024, [Child 2] and [Child 3] spent one night with the father but [Child 1 variant] did not go with them.
On 19 and 20 January 2024, the three children were in their father’s care for the Friday and Saturday nights. On 2 and 3 February 2024, the children were again in their father’s care for two nights.
According to the mother, the children did not visit their father on or around 16 February 2024 which was the next time they would have been in his care, had the pattern of care been followed. She said that the father has had little contact with the three children since then.
The Tribunal noted that according to information provided to Child Support on behalf of the father - by his partner, his sister-in-law and his mother - the father provided care for the children for three nights during January 2024; and that the girls were picked up on the morning of Friday 19 January 2024 and returned to the mother’s care on 21 January 2024.
This evidence is broadly consistent with that provided by the mother at the hearing.
In coming to its decision, the Tribunal has had regard to departmental policy which is set out in the Child Support Guide (the Guide). The Tribunal will generally follow the policy unless there is a cogent reason not to do so. At section 4.1.5 “Care determinations & changes in care”, under the subheading “Change in pattern of care”, the Guide states:[1]
Not all changes in care will result in a change to the care percentage. Minor departures from the normal pattern of care for the child, such as missing a weekend of care due to illness or work, will not usually constitute a change to the pattern of care, and will not result in a new care determination.
[1] Child support guide (2025) 4.1.5 Care determinations & changes in care, accessed 11 July 2025 at
The Tribunal considers that what occurred on the weekend around 6 January 2024 was not sufficient to find that there was a change in care from that date, as the children were in their father’s care according to the pattern of care for the next two fortnights.
In light of the foregoing, the Tribunal finds that there was a change in care from 16 February 2024, such that the mother had 100% care of the children from then.
DECISION
The Tribunal sets aside the decision under review and in substitution decides as follows:
The care determination for [Child 1], [Child 2] and [Child 3] whereby Ms Wilkie provided 86% of their care and Mr Whittlemore provided 14% is revoked on 15 February 2024.
From 16 February 2024, Ms Wilkie provided 100% care for the three children and Mr Whittlemore provided no care.
To avoid doubt, the date of effect of this decision is 16 February 2024.
| Date of hearing: | Wednesday, 9 July 2025 |
| Representative for the Applicant: | Not applicable |
| Representative for the Other party: | Not applicable |
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