Coumans and Mertens (No.2)

In the matter of *Coumans and Mertens (No.2)*, Judge B Smith of the Federal Circuit Court of Australia considered orders concerning the parenting arrangements for a child, [X], born in 2013. The dispute involved the parents, Mr Coumans and Ms Mertens, regarding the child's living arrangements, time spent with each parent, and related matters. The court also addressed the role of the child's passport and the conduct of the parties.

The court was required to determine the primary residence of the child, the specific terms of the child's time with the father, and to impose certain restrictions on the father's behaviour while the child is in his care. Additionally, the court needed to make orders regarding communication between the child and the father, the parties' conduct in relation to discussing proceedings with the child, and their participation in post-separation parenting programs. The court also had to consider the future conduct of proceedings, including the vacation of a listed conference and the scheduling of a new one with a Family Consultant, as well as the handling of the child's passport.

The court made orders for the child to live with the mother, Ms Mertens, and to spend time with the father, Mr Coumans, on alternate weekends, with specific provisions for school pick-up and return. The father was restrained by injunction from driving with the child and from consuming alcohol for twelve hours prior to and during any period the child is in his care. Orders were also made for regular communication between the child and the father, and both parents were restrained from discussing proceedings in the child's presence. The court further ordered both parties to attend a post-separation parenting program and vacated a previously scheduled Child Dispute Conference, instead ordering the parties to attend a conference with a Family Consultant. The child's passport was ordered to be delivered to the Registrar of the court pending further order. The matter was listed for mention, and costs were reserved.