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Author: Kerry O’Halloran Publisher: Routledge ISBN: 0429780478 Category : Law Languages : en Pages : 325
Book Description
First published in 1999, this book responds to the meaning given to the welfare principle attracts a great deal of controversy and explores the reasons for the controversy and examines the growing legal significance attached to the principle. In an illuminating and accessible manner, this informative volume: provides a record of the milestones which have shaped the principles development by tracing its evolution over the centuries discloses the essence of what has been termed 'the golden thread running through the common law' provides a measure of the impact of the principle on the coherence of modern family law by assessing the significance of its present operational role and functions. The welfare principle began as a common law principle forged in medieval England, yet it has informed the law relating to children in some of the most developed western societies. It is now being refracted through international legislative and judicial developments to challenge the future shape of family law in the UK. By considering the ways in which the legal system has shaped and been shaped by the principle, this invaluable book leads its readers to an appreciation of the content and structural influence of the welfare principle.
Author: Kerry O'Halloran Publisher: Ashgate Publishing ISBN: Category : Law Languages : en Pages : 344
Book Description
The modern dilemma for family law is to strike an appropriate balance between those principles which bind and those which loosen the ties between family members. This book takes an analytical look at the meaning given to the welfare principle, the reasons for the controversy it now attracts and the growing legal significance attached to it.
Author: Kerry O’Halloran Publisher: Routledge ISBN: 0429780478 Category : Law Languages : en Pages : 325
Book Description
First published in 1999, this book responds to the meaning given to the welfare principle attracts a great deal of controversy and explores the reasons for the controversy and examines the growing legal significance attached to the principle. In an illuminating and accessible manner, this informative volume: provides a record of the milestones which have shaped the principles development by tracing its evolution over the centuries discloses the essence of what has been termed 'the golden thread running through the common law' provides a measure of the impact of the principle on the coherence of modern family law by assessing the significance of its present operational role and functions. The welfare principle began as a common law principle forged in medieval England, yet it has informed the law relating to children in some of the most developed western societies. It is now being refracted through international legislative and judicial developments to challenge the future shape of family law in the UK. By considering the ways in which the legal system has shaped and been shaped by the principle, this invaluable book leads its readers to an appreciation of the content and structural influence of the welfare principle.
Author: Kerry O'Halloran Publisher: Taylor & Francis ISBN: 1000885577 Category : Law Languages : en Pages : 235
Book Description
This book continues the themes addressed by its two predecessors in this mini-series by examining the role of the principle of the welfare interests of the child in the law of the U.S. and Canada. It provides a record of the key milestones in its development in each country and conducts a comparative analysis of the contemporary law relating to children in both. In doing so, it focuses also on the Indigenous communities – the AN/AI and the First Nations – of the U.S. and Canada respectively. By identifying and analysing the functions of the principle in the public (care, protection and control, etc), private (matrimonial, adoption, etc) and hybrid (adoption from care, surrogacy, etc) sectors of family law, it builds a picture of the law relating to children in the two countries and reveals significant jurisdictional differences. By examining the legislation and related caselaw, it assesses the different effects of the same legal framework on the welfare of Indigenous and other children. In addition to a digest of cases and legislation that identifies and tracks the role of this legal principle, lawyers, academics and other researchers will find a wealth of information on how it has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence of how the law has balanced this principle relative to others in both civil and criminal contexts.
Author: Mavis Maclean Publisher: Routledge ISBN: 1351887025 Category : Social Science Languages : en Pages : 935
Book Description
This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law's approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society's values.
Author: Andrew Bainham Publisher: Family Law Publications ISBN: 9781846614989 Category : Adoption Languages : en Pages : 0
Book Description
Children: The Modern Law is well-established as the leading textbook dealing comprehensively with the law and policy relating to children. This fourth edition has been extensively revised and updated to take account of significant legislative, case-law and other developments including: * Greater recognition being given to social parents, especially same-sex parents, and the Human Fertilisation and Embryology Act 2008 * The Family Justice Review 2011 and the Government Response 2012 * Birth registration and the Welfare Reform Act 2009 * Leading authorities in public law on uncertain perpetrators * The Narey Report on adoption and case-law on post-adoption contact * The important decision in K v K on relocation in shared care cases Children: The Modern Law is an authoritative study of the legal position of children in our society, and is essential reading for students of child law, family law and social work.
Author: Kerry O'Halloran Publisher: Taylor & Francis ISBN: 1000968677 Category : Law Languages : en Pages : 216
Book Description
This book contrasts and compares the different application of the law relating to the welfare interests of children in Australia and New Zealand including, respectively, the Indigenous and Māori children of those countries. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in Australia and New Zealand.
Author: Kerry O'Halloran Publisher: Taylor & Francis ISBN: 1040114261 Category : Law Languages : en Pages : 326
Book Description
This book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions. By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law. In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.
Author: Theodore J. Stein Publisher: Longman Publishing Group ISBN: Category : Law Languages : en Pages : 232
Book Description
Federal and state legislative actions affect the number of programs available to help children and their families. In this book, the author, a professor of social welfare as well as an attorney, provides an overview of the child welfare and judicial systems, then examines the federal and state legislative and judicial foundations of modern child welfare practice; court decisions and their impact on the rights of birthparents, foster parents, and children; class action suits and their impact on child welfare; and the role of child welfare workers in the legal process. Appendices provide detailed instruction on conducting legal research and excerpts from a consent decree.
Author: Kerry O’Halloran
Author: Kerry O'Halloran
Author: Kerry O’Halloran
Author: Kerry O'Halloran
Author: Mavis Maclean
Author: Andrew Bainham
Author: Kerry O'Halloran
Author: Kerry O'Halloran
Author: Kerry O'Halloran
Author: Theodore J. Stein
Author: Donald N. Duquette