Children & the Law: Shaping the Modern Welfare Principle in the British Isles

Family Law

Children & the Law: Shaping the Modern Welfare Principle in the British Isles

By Kelly O'Halloran
Routledge December 2022

Specifications

ISBN-13
9781032214894
Publisher
Routledge
Publication
December 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Balancing a child’s welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts and compares the response of England & Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.

Table of Contents

Dedication
Acknowledgments
Introduction
Part I: Moving Away from a Traditional Interpretation of Welfare
Chapter 1 – Children, their Welfare Interests and the Law
Chapter 2 – Advocates for Change
Part II: Shaping the Modern Welfare Principle
Chapter 3 – Domestic Influences
Chapter 4 – International Influences
Part III: Profiling Contemporary Jurisdictional Experiences of Welfare
Chapter 5 – England & Wales
Chapter 6 – Ireland
Part IV: Jurisdictional Analysis of a Child’s Welfare/Rights: a Thematic Approach
Chapter 7 – Themes and a Comparative Jurisdictional Analysis
Conclusion
Selected Bibliography
Index
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