ABSTRACT

This chapter first explores the origins and evolving role of welfare interests then the interface between welfare and justice. It considers changes in its function: from acting as little more than a brake on the exercise of parental rights; to a factor to be taken into account in circumstances of criminal conviction and public health and safety; to becoming the paramount goal for the court in any issue affecting a child’s upbringing. It concludes by examining the ways in which the developing role and weighting of welfare has forced adjustments in the inter-relationships between parents, child, and the state.