Children, the Law and the Welfare Principle

Perspectives from Australia & New Zealand
1. Auflage 2023
ISBN: 978-1-032-54215-7
Verlag: Routledge

Buch, Englisch, 324 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 652 g

Reihe: Children and the Law

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 Maori 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.

Zielgruppe

Postgraduate

Autoren/Hrsg.

O'Halloran, Kerry

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

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 Maori children in New Zealand

Part V
Themes of Commonality and Difference

11 Themes and a comparative jurisdictional analysis

Conclusion

Selected bibliography

Index

Über Autor(innen)

Kerry O’Halloran, recently retired, has for 13 years been Adjunct Professor at the Australian Centre for Philanthropy and Nonprofit Studies, QUT, Australia.