ABSTRACT

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 and 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.

chapter |2 pages

Introduction

part I|44 pages

Moving away from a traditional interpretation of welfare

chapter 1|26 pages

Children

Their welfare interests and the law

chapter 2|16 pages

Advocates for change

part II|64 pages

Shaping the modern welfare principle

chapter 3|29 pages

Domestic influences

chapter 4|33 pages

International influences

part III|140 pages

Profiling contemporary jurisdictional experiences of welfare

chapter 5|70 pages

England and Wales

chapter 6|68 pages

Ireland

part IV|40 pages

Jurisdictional analysis of a child's welfare/rights

chapter |10 pages

Conclusion