Hermann and Victor

In the matter of *Hermann and Victor*, Dawe J of the Federal Circuit Court of Australia considered an application concerning post-separation parenting programs. The dispute involved the mother, Ms Victor, and the father, Mr Hermann, regarding the mother's participation in a post-separation parenting program. The court's primary concern was to ensure the mother's engagement with services designed to facilitate co-parenting following separation.

The central legal issue before the court was the requirement for the mother to attend and participate in a post-separation parenting program, specifically the KidsAreFirst program provided by Anglicare. This involved determining the conditions under which such attendance would be mandated and the practical steps necessary to facilitate it, including assessment of suitability and subsequent program participation. The court also considered the role of the Independent Children's Lawyer and the provision of relevant court documents to the program provider.

Dawe J reasoned that the mother should attend an initial assessment for the KidsAreFirst program, as Anglicare provided such services in the northern suburbs. The court referenced section 65LB of the relevant legislation, which outlines the conditions for providers of post-separation parenting programs, indicating that Anglicare, as a recipient organisation funded to provide these services, met the statutory requirements. The judge determined that seeking advice from a Family Consultant was not necessary in this instance, as the suitability of the program for the mother could be assessed directly by the provider. The court ultimately ordered the mother to contact Anglicare KidsAreFirst to arrange an assessment and, if deemed suitable, to attend the nominated program.