Carter and Greenhill (No 2)

The case of *Carter and Greenhill (No 2)* involved an application by the father, which was heard by Foster J in the Family Court of Australia. The dispute concerned parenting arrangements for the parties' children, with the father's application ultimately being dismissed.

The central legal issue before the court was whether the father's application should proceed, given the extensive history of the parties' relationship and the father's conduct. This included issues surrounding the parties' separation, the father's alleged drug use, his repeated breaches of apprehended violence orders, and his subsequent criminal charges. The court was required to consider the impact of these factors on the welfare of the children and the father's capacity to participate in parenting proceedings.

Foster J's reasoning focused on the father's persistent and concerning behaviour, particularly his ongoing harassment of the mother, his drug use, and his criminal charges. The court noted the father's admission to using amphetamines and testing positive for amphetamine, methamphetamine, and Phentermine. Furthermore, the father faced serious criminal charges including livestock theft and threatening behaviour, which indicated a significant disregard for legal processes and the safety of others. The court concluded that the father's actions and the gravity of the charges against him rendered his application unsustainable and detrimental to the children's best interests.

Consequently, the court ordered the dismissal of the father's application and the removal of the proceedings from the pending cases list. The parties were also directed to make any applications for costs by way of written submissions within specified timeframes.