Children The Law And The Welfare Principle

Author : Kerry O’Halloran
Publisher : Routledge
Page : 325 pages
File Size : 50,6 Mb
Release : 2019-01-04
Category : Law
ISBN : 9780429780479

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The Welfare of the Child by Kerry O’Halloran Pdf

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 : Unknown
Page : 128 pages
File Size : 49,5 Mb
Release : 2018
Category : LAW
ISBN : 0429432933

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The Welfare of the Child by Kerry O'Halloran Pdf

Author : Kerry O'Halloran
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2023
Category : Child welfare
ISBN : 1032216905

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Children, the Law, and the Welfare Principle by Kerry O'Halloran Pdf

"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), in the private (matrimonial, adoption etc), and in the 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 differential effect 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 on how the law has balanced this principle relative to others within both civil and criminal contexts"--

Author : Kerry O'Halloran
Publisher : Routledge
Page : 325 pages
File Size : 53,8 Mb
Release : 2019-05-31
Category : Electronic
ISBN : 1138360775

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The Welfare of the Child by Kerry O'Halloran Pdf

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. ating 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 : Routledge
Page : 0 pages
File Size : 52,5 Mb
Release : 2023-10-09
Category : Electronic
ISBN : 1032542152

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Children, the Law and the Welfare Principle by KERRY. O'HALLORAN Pdf

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 : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2024
Category : Law
ISBN : 1003415687

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Children, the Law, and the Welfare Principle by Kerry O'Halloran Pdf

"This book contrasts and compares the different application of the law relating to the welfare interests and rights of children in France and Germany. 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 France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems"--

Author : Kerry O'Halloran
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2024
Category : Law
ISBN : 1032723890

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Children, the Law, and the Welfare Principle by Kerry O'Halloran Pdf

"This book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts. It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children's rights - in the public (care, protection and control), in the private (matrimonial, adoption etc) and in the hybrid (adoption from state care etc) - sectors of family law, it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time. In addition to a digest of international cases and legislation - that identifies and tracks the role of the welfare principle and the emerging rights of children - lawyers, academics and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others - such as proportionality and subsidiarity - within both civil and criminal contexts"--

Author : Kerry O'Halloran
Publisher : Taylor & Francis
Page : 183 pages
File Size : 49,8 Mb
Release : 2024-02-06
Category : Law
ISBN : 9781003849407

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Children, the Law and the Welfare Principle by Kerry O'Halloran Pdf

This book contrasts and compares the different application of the law relating to the welfare interests and rights of children in France and Germany. 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 France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies, and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.

Author : Kerry O'Halloran
Publisher : Taylor & Francis
Page : 211 pages
File Size : 49,7 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000826456

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Children & the Law by Kerry O'Halloran Pdf

Balancing a child’s welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. 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.

Author : Jane Fortin,Mary Hayes,Gillian Douglas,Jonathan Herring
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2004-01-01
Category : Electronic
ISBN : 0013588184

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Child and Family Law Quarterly by Jane Fortin,Mary Hayes,Gillian Douglas,Jonathan Herring Pdf

The leading journal on all aspects of child and family law

Author : Graeme Austin
Publisher : Victoria University Press
Page : 204 pages
File Size : 46,7 Mb
Release : 1994
Category : Law
ISBN : 0864732643

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Children by Graeme Austin Pdf

The book analyses the way the law understands the nature of the family and children in our society. Important aspects of New Zealand family law and policy are examined, in particular child custody law, economic provision for children and children's rights. The author is concerned to explore the unspoken values and politics of the law and problems emerging from the need to balance the rights of the family with the rights of children as individuals. Graeme Austin lectures in law at Victoria University and has published widely on New Zealand family law.

Author : Kerry O'Halloran
Publisher : Taylor & Francis
Page : 235 pages
File Size : 48,7 Mb
Release : 2022-09-07
Category : Law
ISBN : 9781000641271

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The Principle of the Welfare of the Child by Kerry O'Halloran Pdf

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public – care, protection and control – and in the private – matrimonial, adoption etc – sectors of family law. By analysing the content of the principle this book discloses the essence of what has been termed ‘the golden thread running through the common law’. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children. In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

Author : Samar Dehghan
Publisher : GRIN Verlag
Page : 20 pages
File Size : 55,5 Mb
Release : 2017-08-01
Category : Law
ISBN : 9783668496699

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Incorporation of Children's Views in Legal Decisions in the UK by Samar Dehghan Pdf

Research Paper (undergraduate) from the year 2011 in the subject Law - Civil / Private / Family Law / Law of Succession, grade: A, University of Manchester (School of Law), course: Child Law, language: English, abstract: This paper will assess how well children’s views are incorporated into child law decisions in England and Wales, specifically when a court is considering a care order, and whether there is any room for improvement. Allowing children to express their views over decisions which greatly affect them is a principle that has grown substantially in the last several decades. However, the extent to which children can influence and participate in civil cases has been controversial. Both sociologists and legal scholars have been concerned whether allowing a child to articulate their views is truly in their best interest. Some believe that children cannot comprehend the importance of such life-altering decisions; whilst others argue that if children’s views were followed, it would challenge parental decisions and choices.

Author : Andrew Bainham,Stephen Michael Cretney
Publisher : Unknown
Page : 692 pages
File Size : 46,9 Mb
Release : 1993
Category : Child welfare
ISBN : STANFORD:36105060070658

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Children by Andrew Bainham,Stephen Michael Cretney Pdf

Written by the author of Children - The New Law (a guide to the Children Act 1989), this student textbook deals with the law relating to children. It should be a useful text for all those involved in courses related to child law.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2011
Category : Child welfare
ISBN : OCLC:1011694954

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Canadian Child Welfare Law by Anonim Pdf