The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.1.3 Care periods & pattern of care

Context

When an application for a child support assessment (1.1.C.70) is received, or a change in care percentage (1.1.C.20) is being considered, the Registrar will ask for information about the care (1.1.C.10) of the child or children.

Act references

CSA Act section 5 Interpretation

On this page

What is a care period?

A care period is the period over which care is assessed to determine the care percentages for each parent (1.1.P.10) or non-parent carer.

A care period is generally a 12-month period from the day on which the actual care of a child began or changed (the date of event). The same care arrangements will be assumed to apply for the subsequent 12-month period, unless otherwise advised.

There are some circumstances where determining the care over a shorter or longer care period may be more appropriate. The Registrar will consider the specific circumstances of each case to determine the appropriate care period.

Care periods longer than 12 months

A care period of more than 12 months might be appropriate where the parents have an arrangement in which the care of the child follows a recurring cycle over a period greater than 12 months.

Example: Martin and Cassie have one child, Priscila. Martin and Cassie have a parenting plan which provides Martin with care of Priscila every Saturday night and half of each of the school holiday periods except Christmas.

Martin and Cassie alternate care of Priscila over Christmas such that Priscila stays with Martin for all of the Christmas school holidays one year and then with Cassie for all of the Christmas school holidays the next year.

Depending on which parent has care of Priscila during the Christmas school holidays, both Martin and Cassie's care percentage would change each year if the care was determined over a care period of 12 months. In this case, it would be appropriate to consider a care period of 24 months to properly account for the alternating pattern of care for the Christmas school holidays.

Care periods shorter than 12 months

A care period of less than 12 months may be appropriate where the pattern of care will gradually change over a definable period of less than 12 months in a specific and measurable way.

Example: Leroy and Lesley have one child, Alfreda. There is no care arrangement in place for Alfreda, however, Leroy is currently assessed to have 100% care of Alfreda. Leroy's circumstances change such that Leroy is no longer able to care for Alfreda full time. Leroy asks Lesley if Alfreda can live with them until Leroy is able to resume caring for the child. Lesley agrees but says that they will not be able to do this permanently due to their travel commitments for work.

Leroy and Lesley come to an informal arrangement that Leroy will look after Alfreda one night per week for the next 2 months, and then will increase their care by one night per week every 2 months thereafter until Leroy resumes full time care of Alfreda.

Lesley calls Services Australia to advise of the new arrangement. Because the parents have come to a specific arrangement to increase Leroy's care in a staggered but foreseeable way over a definable period, it would be appropriate to use a care period of 2 months for each of the periods that Leroy is due to increase their care of Alfreda. This ensures the care percentage accurately reflects the care that each parent is providing during each 2-month period.

Determining the care percentages over a care period of less than 12 months may also be appropriate where a parent's pattern of care is set out in a care arrangement between the parents over a definable period of less than 12 months and the actual care is occurring in accordance with that care arrangement.

Example: Vishal and Martha have one child, Caitlin. There is a care arrangement in place for Caitlin which states that Vishal and Martha are to share the care of Caitlin equally for the next 6 months. At the conclusion of the 6 months, the parents agree to come to a new care arrangement. The Registrar will determine the care percentages for Vishal and Martha using the 6-month care period provided in the care arrangement.

Pattern of care

In many circumstances, the Registrar will require information about the pattern of care that each parent has of the children. Minor departures from the normal care of the child, such as missing a weekend of care due to illness or work, will not constitute a change to the pattern of care, and will not result in a new care determination.

The Registrar must make a determination of the care a parent or non-parent carer is likely to have, or has had, of the child during the relevant care period. In making a determination, the Registrar may use or request information about past care to form a judgment about likely future care. In doing this, the Registrar may consider patterns of care that have been established in recent months if it is satisfied that the pattern is likely to continue.

Act reference: CSA Act section 49 Determination of percentage of care—responsible person has had etc. no pattern of care for a child, section 50 Determination of percentage of care—responsible person has had etc. a pattern of care for a child

Supporting evidence

Parties may be able to support their claims by providing records of the care provided for the children. The Registrar will consider a wide range of evidence, including records of visits to health care providers, other services, or diary entries. The Registrar may also have records of past contact with the parent or carer that is relevant and can also use Centrelink information.

The Registrar can consider statements provided by third parties. The Registrar will advise the third party and the parent who provided the statement that the other parent will be told the source and details of the information contained in the statement so that they can comment. If the third party or parent providing the information does not want the details provided to the other parent, the Registrar will not consider the statement when making a decision.

The Registrar will respect the privacy of the parents and the children involved. The Registrar will not contact third parties without the consent of the parent who provided the information and will not imply that the third party is obliged to provide information to the Registrar. If a parent provides a written statement from a third party, the Registrar will infer that they have consented to the third party being contacted.

Conflicting information or disputed facts

The information given to the Registrar by a parent or carer regarding the care being provided for a child may be in conflict with the information provided by the other parent or carer. The Registrar encourages parents to resolve between themselves any disputes they may have about the care arrangements for a child. However, it is recognised that sometimes parents do not agree about the care that each parent has of the child, and as a result the Registrar cannot immediately determine a care percentage to be used in an assessment. In these cases, the Registrar will request additional information or supporting evidence of the claims made by each parent.

If parents provide conflicting information, the Registrar will give each parent the opportunity to comment on the information provided by the other parent before a determination is made. If the facts regarding the care arrangements are disputed, the Registrar will attempt to determine a new percentage of care of a child on the basis of the information provided and obtained. If the information and evidence provided by the parents cannot be reconciled, the Registrar will weigh the evidence and information provided by the parents to determine the pattern of care likely to occur over the care period.

The Registrar may use or request information about past care to form a judgment about likely future care. The Registrar will make a decision on the basis of the information provided by the parents to substantiate their claims.

In rare circumstances, the information provided by the parents or carers may be inconclusive to the extent that the Registrar is unable to determine what care percentage each parent or carer is likely to have over the relevant care period. In these cases, the Registrar will assume that the state of affairs known at the time the existing care determination was made is continuing. As there is no change in the care percentage, the existing care determination cannot be revoked and the child support assessment will not be amended.

Act reference: CSA Act Part 5, Division 4, Subdivision C—Revocation and suspension of determination of percentage of care

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