Children, the Law and the Welfare Principle

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.

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

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