ABSTRACT
This chapter examines the forming and evolution of three separate legislative strands; private family law, public law and general public welfare and social care law. It deals with the statutory endeavour to curb judicial enthusiasm for parental rights, particularly paternal rights. The criminal law relating to child abuse was first comprehensively addressed in the Offences Against the Persons Act 1861 in the context of general assault charges, whether committed against adult or child. The legislative focus was on identifying types of proscribed conduct by adults rather than the constituent elements of child welfare. The Vagrancy Act 1824 was specifically introduced for that purpose but proved to be an ineffective legislative response to the growing numbers of children abandoned by poor parents and left to fend for themselves by begging and stealing unless rescued by charitable organisations. Juvenile justice also had its origins in the public family law initiatives of the mid-nineteenth century.
