Winship and Winship (Child support)

This matter concerned an appeal by the father, Mr Winship, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had made a determination that the mother, Ms Winship, had a percentage of care of 65% and the father had a percentage of care of 35%. The father sought to have this determination reviewed.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child since the last assessment of the percentage of care. The court was required to consider the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a significant change that warranted a new assessment.

The court found that the evidence demonstrated a significant shift in the pattern of care. It was satisfied that the child was now spending more time with the father than was previously the case, and that this change was likely to continue. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court determined that the existing percentage of care determinations should be revoked and new determinations made to reflect the current reality of the care arrangements.

Consequently, the court set aside the decision under review and substituted its own determination, finding that the father had a percentage of care of 65% and the mother had a percentage of care of 35%.