Rouco & Secada

This case concerned parenting arrangements for a child, X, born in 2014, between the applicant father, Mr Rouco, and the respondent mother, Ms Secada. The dispute involved allegations of family violence by the father, breaches of COVID-19 restrictions by the father, and the child's medical needs. The matter came before Riethmuller J.

The court was required to determine the appropriate parenting orders, specifically regarding parental responsibility and the nature and extent of time the father should spend with X. Key issues included the impact of historical family violence allegations, the father's alleged breaches of COVID-19 restrictions while X was in his care, and the child's vulnerability due to a past illness. The court also considered the effectiveness of communication and trust between the parents and the potential for future conflict.

Riethmuller J considered evidence from a family consultant, psychiatric assessments, and the parties' own submissions, noting that the parties had varied their sought orders throughout the proceedings. The court acknowledged the father's remorse for past actions but also noted concerns regarding his insight into anger issues and family violence. The judge found that allegations of COVID-19 breaches by the father, involving his mother visiting his residence while X was present, were concerning given X's medical vulnerability. The father's explanation that these visits were unexpected and difficult to prevent due to X's excitement was noted, but the court also observed that the father had not actively discouraged them. The court ultimately determined that the father's mother had visited the household to see X during the relevant period, despite the restrictions.