ABSTRACT
This chapter undertakes a comparative analysis of the welfare principle’s role and functions in England and Wales and in Ireland as outlined in Chapters 5 and 6, respectively. It begins by dealing with matters of policy and principles, then with legislation and the court system: giving consideration, in the latter instance, to both domestic and international law. It identifies and examines differences in public family law as it relates to the welfare of children in the nations concerned, first in the civil law then in the criminal, before repeating the exercise in relation to private family law. Finally, the chapter points to a convergence in the similar and increasing use of hybrid court orders – applicable across both the public and private sectors of family law – and considers the significance of this development.
