Children, the law, and the welfare principle : perspectives from North America / Kerry O'Halloran.
2023
K639 .O335 2023 (Map It)
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Details
Author
Title
Children, the law, and the welfare principle : perspectives from North America / Kerry O'Halloran.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2023.
Copyright
©2023
Call Number
K639 .O335 2023
ISBN
9781032216898 hardcover
1032216891 hardcover
9781032216904 paperback
1032216905 paperback
9781003269564 electronic book
9781000885576 electronic book
9781000885521 electronic book
1032216891 hardcover
9781032216904 paperback
1032216905 paperback
9781003269564 electronic book
9781000885576 electronic book
9781000885521 electronic book
Description
viii, 302 pages ; 25 cm.
System Control No.
(OCoLC)1355816067
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Available in Other Form
Online version: O'Halloran, Kerry. Children, the law and the welfare principle. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2023 9781003269564 (DLC) 2022057723
Record Appears in
Table of Contents
Concepts, constructs & cultural context
Policy, principles, legislation, and courts
The welfare principle in contemporary practice : public family law; civil and criminal jurisdictions
The welfare principle in contemporary practice : private family law and hybrid proceedings
Policy, principles, legislation, and courts
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
Americans/Indians and the First Nations/Inuit
Themes and a comparative jurisdictional analysis.
Policy, principles, legislation, and courts
The welfare principle in contemporary practice : public family law; civil and criminal jurisdictions
The welfare principle in contemporary practice : private family law and hybrid proceedings
Policy, principles, legislation, and courts
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
Americans/Indians and the First Nations/Inuit
Themes and a comparative jurisdictional analysis.