1st Edition
Children, the Law and the Welfare Principle Perspectives from Australia & New Zealand
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.
Acknowledgments
Introduction
Part I
Background
1 Concepts, constructs and cultural context
Part II
Australia
2 Policy, principles, legislation and courts
3 The welfare principle in contemporary practice: public family law; civil and criminal jurisdiction
4 The welfare principle in contemporary practice: private family law and hybrid proceedings
Part III
New Zealand
5 Policy, principles, legislation and courts
6 The welfare principle in contemporary practice: public family law; civil and criminal jurisdictions
7 The welfare principle in contemporary practice: private family law and hybrid proceedings
Part IV
The Indigenous Children of Australia and the New Zealand
8 International legal framework
9 The welfare principle and Indigenous children in Australia
10 The welfare principle and Māori children in New Zealand
Part V
Themes of Commonality and Difference
11 Themes and a comparative jurisdictional analysis
Conclusion
Selected bibliography
Index
Biography
Kerry O’Halloran, recently retired, has for 13 years been Adjunct Professor at the Australian Centre for Philanthropy and Nonprofit Studies, QUT, Australia.
