Windley and Ingpen (Child support)

The case of *Windley and Ingpen* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care. The respondent contended that the existing arrangements should continue. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether the parenting plan, which had not been complied with, constituted a change in the likely pattern of care. The court was required to determine if the actions taken by the parties in relation to the parenting plan were reasonable, and if so, whether this warranted a revocation of the existing percentage of care determinations and the making of new ones. The court also considered the application of an interim period in light of the circumstances.

The court reasoned that a failure to comply with a parenting plan, particularly where reasonable action had not been taken to ensure compliance, did not automatically equate to a change in the likely pattern of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the actual pattern of care and the likelihood of its continuation. The court found that the evidence did not support a significant change in the likely pattern of care that would justify revoking the existing determinations.

Consequently, the court set aside the decision under review and substituted its own decision, finding that the existing percentage of care determinations should remain in place.