Children and the Law – serie

Using a socio-legal framework, this book explores the experiences that birth mothers face in state sanctioned adoption proceedings in the UK. Featuring personal, in-depth interviews and conversations with 32 birth mothers, the book highlights perspectives and voices that are seldom the focus in leading discourses of professional practice in this area of law. The book also demands that the statutory rights, support and care of birth mothers are recognised and strengthened.This book delivers a comprehensive insight into many aspects and controversies of legal child adoption, including the development and reform of adoption law over history, giving the reader insight into the deep-rooted political and social tensions around the use of adoption. The uniqueness of birth mothers’ subjective stories of adoption contrasts powerfully with the legal theory providing the reader with an intimate paradigm of adoption.The book includes discussion of obiter dicta and authoritative guidance on adoption practice from the Supreme Court and Court of Appeal in Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33 and Re B-S (Children) (Adoption: Leave to Oppose) [2013] EWCA Civ 1146. It also considers Court of Appeal’s recent ruling on post adoption contact in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29, the first case to come before the court since section 9 of the Children and Families Act 2014 amended the Adoption and Children Act 2002, with the new insertion of section 51A and 51B providing for court ordered post adoption contact. This book is ideally suited to undergraduate students, as well as a more multi- disciplinary audience.

Using a socio-legal framework, this book explores the experiences that birth mothers face in state sanctioned adoption proceedings in the UK. Featuring personal, in-depth interviews and conversations with 32 birth mothers, the book highlights perspectives and voices that are seldom the focus in leading discourses of professional practice in this area of law. The book also demands that the statutory rights, support and care of birth mothers are recognised and strengthened.This book delivers a comprehensive insight into many aspects and controversies of legal child adoption, including the development and reform of adoption law over history, giving the reader insight into the deep-rooted political and social tensions around the use of adoption. The uniqueness of birth mothers’ subjective stories of adoption contrasts powerfully with the legal theory providing the reader with an intimate paradigm of adoption.The book includes discussion of obiter dicta and authoritative guidance on adoption practice from the Supreme Court and Court of Appeal in Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33 and Re B-S (Children) (Adoption: Leave to Oppose) [2013] EWCA Civ 1146. It also considers Court of Appeal’s recent ruling on post adoption contact in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29, the first case to come before the court since section 9 of the Children and Families Act 2014 amended the Adoption and Children Act 2002, with the new insertion of section 51A and 51B providing for court ordered post adoption contact. This book is ideally suited to undergraduate students, as well as a more multi- disciplinary audience.

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.

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.

Balancing a child’s welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. 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.

Balancing a child’s welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. 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.

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), private (matrimonial, adoption, etc) and 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 different effects 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 of how the law has balanced this principle relative to others in both civil and criminal contexts.

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), private (matrimonial, adoption, etc) and 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 different effects 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 of how the law has balanced this principle relative to others in both civil and criminal contexts.

This book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions.By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law.In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.

This book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions.By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law.In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.

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.

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.

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.

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.

This book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts.It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time.In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law 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 – such as proportionality and subsidiarity – within both civil and criminal contexts.

This book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts.It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time.In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law 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 – such as proportionality and subsidiarity – within both civil and criminal contexts.

This book focuses on the role and content of the principle of the welfare interests of the child, considers the extent to which the principle has changed following its varied elevation by the introduction of paramountcy and reviews the distinction between welfare interests and rights.Providing an updated record of developments in the framework of relevant international law, the book assesses the contemporary relevance of established and emerging themes in the flow of cases dealing with the welfare interests and rights of children in England, Wales, Ireland, the U.S., Canada, Australia, New Zealand, France and Germany. By identifying and analysing the functions of the principle in hybrid proceedings (including adoption from state care and commercial surrogacy) the book completes the analysis of the law relating to children in public (care and protection) and in private (divorce, custody, etc.) family law as a whole, revealing characteristic jurisdictional differences and facilitating a comparative assessment of their significance. By examining the international framework of legislation and related caselaw it identifies and assesses unfolding themes in the law relating to children. In addition to a digest of international cases and legislation that identifies and tracks the role of this principle in civil and criminal law, lawyers, academics and other researchers will find a wealth of information on how it has evolved to reflect corresponding changes in society.