1st Edition
Children, the Law and the Welfare Principle Civil Law Perspectives from France and Germany
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.
Introduction Part I: The Civil Law Context 1. Civil Law and Common Law: Differentiating Characteristics 2. Civil Law: France and Germany Part II: France 3. Policy, principles, legislation and courts 4. The welfare principle in contemporary practice: public family law; civil and criminal jurisdictions 5. The welfare principle in contemporary practice: private family law and hybrid proceedings Part III: Germany 6. Policy, principles, legislation and courts 7. The welfare principle in contemporary practice: public family law; civil and criminal jurisdictions 8. The welfare principle in contemporary practice: private family law and hybrid proceedings Part IV: Themes of Commonality and Difference 9. Themes and a comparative jurisdictional analysis. Conclusion.
Biography
Kerry O’Halloran, a professionally qualified lawyer, social worker, and academic, has recently retired from 13 years as Adjunct Professor to the Australian Centre for Philanthropy and Nonprofit Studies at QUT, Brisbane. In Northern Ireland he served on the Social Care Tribunal and on a HSS Trust Adoption Panel, has advised the Irish government on law reform matters, and has served in a consultancy capacity to government bodies such as Courts Services (Northern Ireland) and to the Open University in England. His 34 books include many on national and international child care matters.
