Coumans and Mertens

Case

[2018] FCCA 3947

20 December 2018


Details
AGLC Case Decision Date
Coumans and Mertens [2018] FCCA 3947 [2018] FCCA 3947 20 December 2018

CaseChat Overview and Summary

In the matter of *Coumans and Mertens*, heard by Judge B Smith, the applicant, Mr Coumans, sought orders concerning the child, [X]. The dispute centred on the potential removal of the child from Australia, with the applicant seeking to restrain the respondent, Ms Mertens, from doing so.

The court was required to determine whether to grant an injunction restraining the removal of the child from the Commonwealth of Australia. Additionally, the court considered the immediate delivery of the child's passports and the attendance of the parties at a Child Dispute Conference. The question of costs, including potential liability for travel costs, was also reserved.

The court ordered that, until further order, both parties were restrained by injunction from removing or permitting the removal of the child from Australia. This injunction was to be enforced by the Australian Federal Police placing the child's name on the Family Law Watchlist. The respondent was also ordered to immediately deliver any Australian and Country A passports belonging to the child to her solicitor, who was to hold them on undertaking not to return them to the respondent without a further court order. The parties were further ordered to attend a Child Dispute Conference with a Family Consultant.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
BINNS & BINNS [2011] FMCAfam 92
JARRARD & JARRARD [2015] FamCA 1143