Kalant and Jordain (No 5)

In this matter before Gill J, the court considered contraventions of parenting orders by Ms Jordain, the mother, concerning her child, X. The contraventions related to failing to allow X to spend time with her father, Mr Kalant, on several occasions in late 2019 and early 2020, and failing to facilitate telephone contact between X and her father on other dates during the same period.

The primary legal issues before the court were to determine the appropriate consequences for Ms Jordain's contraventions of the parenting orders and to make orders for compensatory time for Mr Kalant. The court was required to consider the severity of the contraventions and the need to ensure future compliance with the parenting orders.

Gill J reasoned that Ms Jordain's contraventions warranted significant consequences, including periods of imprisonment. However, the court also provided an opportunity for these terms of imprisonment to be suspended upon Ms Jordain entering into two bonds. The first bond, for 24 months, was to ensure compliance with parenting orders regarding X spending time with her father, with specific reference to the contraventions of 13 December 2019, 24 January 2020, and 21 February 2020. The second bond, for six months, was to ensure compliance with orders facilitating telephone contact, referencing the contraventions of 10 December 2019, 12 December 2019, 4 February 2020, 6 February 2020, 11 February 2020, 13 February 2020, and 18 February 2020. The court also ordered compensatory time for Mr Kalant, detailing specific periods for X to spend with him in late September and October 2020, and issued a Recovery Order to be held in Chambers pending notification that X had not been provided to Mr Kalant as ordered. Ms Jordain was also prohibited from removing X contrary to parenting orders.