Overview

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.

Full Product Details

Author:   Kerry O’Halloran
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9781138360778

ISBN 10:   1138360775
Pages:   336
Publication Date:   06 June 2019
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Part 1. The Legal Origins of Child Welfare. 1. State Recognition of Child Welfare: Feudalism; the Common Law; and the Poor Laws. 2. Judicial Acknowledgement of Guardianship Duties: the Jurisdiction of Equity. 3. Legislative Endorsement of Child Welfare: Statutory Law Defines and Extends the Principle’s Role, Function and Weighting. Part 2. The Content and Structural Role of the Welfare Principle in the Legal System. 4. Welfare Interests and the Child. 5. The Legal System and Welfare Interests. 6. Identifying Welfare Interests. 7. Representing Welfare Interests. Part 3. Public Family Law. 8. Care and Supervision. 9. Control. 10. Protection. 11. Prevention and Promotion. Part 4. Private Family Law. 12. Parenting Arrangements: Uncontested Proceedings. 13. Parenting Arrangements: Contested Proceedings. 14. Adoption. Part 5. The Future Role of the Welfare Principle: An International Perspective. 15. International Influences and the Shaping of the Modern Welfare Principle in the UK. 16. Family Law and the Welfare Principle: Some Implications for the Future.

Reviews

'...interesting and carefully written...provides a sound basis to contemplate the overarching principle governing the law relating to children...the book is extremely well written and is a very good read.' Family Law 'This is an absorbing and thought-provoking examination of one of the fundamental principles of family law.' ChildRIGHT '...for those who want to know more than what the law says about a particular situation this book provides fascinating insights and discusses important issues and dilemmas.' Social Work Education

Author Information

Kerry O’Halloran

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions