XZWP and Child Support Registrar (Child support second review)

This matter concerned a review of an interim care determination made by the Child Support Registrar. The parties involved were the Father and the Mother, with the Child Support Registrar acting in their official capacity. The dispute arose from the Mother reporting changes in the child's care arrangements, leading to an interim determination that the child spent 50% of the time with each parent, despite the actual care being 100% with the Mother. The Father sought to challenge this interim determination, arguing he had taken reasonable steps to enforce existing Federal Magistrates Court orders for a week-about care arrangement.

The Tribunal was required to determine whether the Father had taken reasonable action to enforce the Federal Magistrates Court's parenting orders, which stipulated a 50% care arrangement for the child between the parents. Specifically, the Tribunal had to consider if the Father's actions, or lack thereof, constituted "reasonable action" in the context of the existing orders and the circumstances that led to the change in actual care. The Tribunal also had to consider the definition of "special circumstances" as outlined in the Child Support Registrar's Guide, which allows for discretion to base care percentages on actual care without an interim period in unusual situations, such as where a parent's unreasonable actions caused the change in care.

The Tribunal reasoned that the Father's assertion that he did not take further legal action to enforce the court orders was based on his belief that such actions would be counterproductive and delay the final determination of care by the Federal Magistrates Court. While acknowledging the toxic relationship between the parents and the historical context provided by the Father's evidence, the Tribunal found that the Father's decision to wait for the court's final hearing, rather than pursuing enforcement actions, did not meet the threshold of "reasonable action" as contemplated by the Child Support Registrar's Guide. The Guide provides examples of unreasonable or inappropriate behaviour that might lead to a parent not benefiting from an interim period, and the Tribunal considered whether the Father's inaction, in light of the circumstances, fell outside the scope of reasonable conduct. The Tribunal noted that the relevance of the Father's relationship with the child was secondary to the question of whether he took reasonable steps to enforce the court orders.

The Tribunal affirmed the decision of the Authorised Review Officer, which had applied an interim care determination of 52 weeks from 28 June 2020. This meant that the interim care arrangement of 50% care for each parent was upheld, notwithstanding the actual care arrangements.