Worrell and Lester (Child support)

The Administrative Appeals Tribunal considered the matter of Worrell and Lester concerning a dispute over the percentage of care for a child. The applicants sought to have a previous determination of the percentage of care revoked and replaced with a new determination for an interim care period.

The Tribunal was required to determine whether the previous care determination should be set aside and substituted. Specifically, it needed to assess whether the applicants had taken reasonable action to ensure the previous care determination was being followed and whether special circumstances existed that warranted a departure from the existing arrangement.

Member A Ryding found that the applicants had indeed taken reasonable action to address the non-compliance with the previous care determination. Furthermore, the Tribunal was satisfied that special circumstances were present, justifying the intervention. Consequently, the Tribunal set aside the previous decision and substituted it with a new determination for the interim care period.