Kalant & Jordain

In the matter of *Kalant & Jordain*, Gill J of the Family Court of Australia considered an application to vary existing parenting orders concerning the time a child, X, would spend with her father, Mr Kalant. The dispute centred on the arrangements for X to spend time with her father, particularly in the lead-up to and during an interview between the mother, Ms Jordain, and a single expert, Dr Q.

The court was required to determine the specific terms of the variation to the existing parenting orders, including the timing and location of changeovers for X's time with her father. Furthermore, the court had to consider the issuance of a recovery order under section 67U of the *Family Law Act 1975* (Cth) and the conditions under which such an order would become operative. The court also addressed the payment of fees to the expert and the procedural aspects of adjourned contravention proceedings.

Gill J varied the existing orders to allow X to spend time with her father from a specified afternoon until the conclusion of the mother's interview with Dr Q, with specific provisions for changeover locations depending on whether the interview was in person or electronic. Crucially, a recovery order was issued but directed to lie in chambers, meaning it would only take effect if the father's solicitors provided written notification to the Registrar that X had not been made available to him as per the orders. This notification process had specific requirements regarding notice to the Independent Children's Lawyer and the mother, and procedures for after-hours applications. The mother was also ordered to pay the cancellation fee for the expert interview, with provisions for reimbursement if the father initially covered these costs. The court also adjourned contravention proceedings to a later date, noting the mother's access to legal aid.