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 – in which the child welfare principle has played a significant role. Beginning with private family law, it deals with the statutory endeavour to curb judicial enthusiasm for parental rights, particularly paternal rights. It then considers the broadening of the public family law remit in relation to child welfare, with special regard for the steady growth in authority of the criminal law relative to the doctrine of parental rights. The third strand is considered only insofar as is necessary to trace the assimilation of certain welfare-related responsibilities into the public family law domain. This approach enables the chapter to identify the legacy which the modern welfare principle owes to legislative initiatives of the late nineteenth century and their subsequent development until the Children Act 1989.
