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.
Dedication
Preface
Introduction
Part I
The Legal Origins of the Child Welfare Principle in E&W
Chap 1 State Recognition of Child Welfare: Feudalism; the Common Law; and
the Poor Laws
Chap 2 Judicial Acknowledgement of Guardianship Duties
Chap 3 Legislative Endorsement of Child Welfare
Part II
The Content & Role of the Welfare Principle
Chap 4 Welfare Interests and the Child
Chap 5 Identifying Welfare Interests
Chap 6 Representing Welfare Interests
Chap 7 The Legal System and Welfare Interests
Part III
Applying the Child Welfare Principle in the Late 20th Century: Public & Private Family Law
Chap 8 Public Family Law: Prevention, Protection, Care and Control
Chap 9 Private Family Law: Contested and Uncontested Proceedings
Conclusion
Bibliography
Index
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. Previously employed as Assistant Director (Research) at the Centre for Voluntary Action, University of Ulster in Northern Ireland, his 30 books and many other publications, include The Politics of Adoption, 4th ed (Springer, 2021), Adoption Law and Human Rights: International Perspectives (Routledge, 2018), Religion, Charity and Human Rights (CUP, 2014) and Child Care and Protection: the Law & Practice in Northern Ireland (Thompson Reuters, 2003).
