ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book considers the gradual shift in law and policy away from the early and rather negative focus on parental rights and duties: in a private family law context, as regards criteria for parenting arrangements following marriage breakdown. It focuses on the influences brought to bear to effect change. The book begins by reflecting on the significance of the common law cultural legacy. It maps the role and function of the welfare principle in the contemporary public and private family law of England, the progenitor common law jurisdiction, and then similarly in relation to contemporary law in the neighbouring jurisdiction of Ireland. The book identifies and considers the main issues and the primary themes of jurisdictional difference and commonality.