Child Welfare and Rights: Differences in Common Law and Civil Law Perspectives

Family Law

Child Welfare and Rights: Differences in Common Law and Civil Law Perspectives

By Kerry O'Halloran
Routledge August 2024

Specifications

ISBN-13
9781032216928
Publisher
Routledge
Publication
August 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law, and focuses on differences within these two legal traditions.

By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions, and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law.

In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.

Table of Contents

Introduction

Part I: Family, the Law and the Welfare Rights of Children
1. Family, the Law and Social Context

Part II: Children’s Welfare Interests and Rights in a Public Family Law Context – Civil and Criminal
2. Prevention: Children and Families in Need
3. Protection: Child Abuse and Neglect
4. Control: Juvenile Justice and State Care

Part III: Children’s Welfare Interests and Rights in a Private Family Law Context
5. Reproductive Rights
6. Founding Families and Family Life
7. Adoption
8. Family Breakdown and Parenting Arrangements

Part IV: Coherence – Balancing Welfare Interests and Rights
9. Themes: Comparative Jurisdictional Analysis
Common Law and Civil Law Differences

Conclusion
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