Children, the Law and the Welfare Principle: Perspectives from Australia & New Zealand

This book compares and contrasts the different application of the law relating to the welfare interests of children in Australia and New Zealand, including Indigenous and Māori children. It explores jurisdictional differences in public, private, and hybrid public/private family law and reveals important jurisdictional differences in how the law is applied to children.

Format: Hardback
Length: 316 pages
Publication date: 09 October 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a comparative analysis of the legal frameworks governing the welfare interests of children in Australia and New Zealand, with a specific focus on Indigenous and Māori children in both countries. By employing a standardized set of indicators, the book aims to explore the jurisdictional variations in welfare interests and rights across different areas of family law, including public family law (such as civil care and protection and criminal youth justice), private family law (such as matrimonial and adoption), and hybrid public/private family law (such as guardianship and adoption from state care). Through a rigorous profiling approach, the book uncovers significant jurisdictional disparities in the extent to which welfare interests or rights shape the application of the law to children in Australia and New Zealand.

The first chapter provides an introduction to the study, highlighting the importance of understanding the legal frameworks that protect the welfare of children in Australia and New Zealand. It emphasizes the unique challenges faced by Indigenous and Māori children, who often face systemic discrimination and marginalization. The chapter also sets the stage for the subsequent chapters by outlining the methodology used to compare the legal frameworks across the two countries.

The second chapter examines the legal frameworks governing the welfare interests of children in Australia and New Zealand from a historical perspective. It explores the historical roots of the legal systems in both countries and the factors that have influenced their development. The chapter also highlights the similarities and differences in the legal approaches to child welfare between the two nations.

The third chapter focuses on the application of the law to Indigenous and Māori children in Australia and New Zealand. It examines the specific legal protections and rights available to these children and the challenges they face in accessing legal services and support. The chapter also explores the role of cultural factors in shaping the legal responses to child welfare issues.

The fourth chapter examines the legal frameworks governing the welfare interests of children in New Zealand from a comparative perspective. It compares the legal frameworks in New Zealand with those in Australia and highlights the similarities and differences in the legal approaches to child welfare. The chapter also explores the impact of colonialism and indigenous sovereignty on the legal frameworks in both countries.

The fifth chapter examines the legal frameworks governing the welfare interests of children in Australia and New Zealand from a global perspective. It explores the international legal standards and frameworks that govern the protection of children's rights and welfare and the challenges faced by countries in implementing these standards. The chapter also highlights the role of international organizations and networks in promoting children's rights and welfare.

The sixth chapter concludes the book by summarizing the key findings and recommendations. It emphasizes the importance of ongoing research and monitoring of the legal frameworks governing the welfare interests of children in Australia and New Zealand to ensure that they are effective in protecting the rights and welfare of all children.

In conclusion, this comprehensive book provides a valuable insight into the legal frameworks governing the welfare interests of children in Australia and New Zealand, with a specific focus on Indigenous and Māori children. By employing a standardized set of indicators and a rigorous profiling approach, the book uncovers significant jurisdictional disparities in the extent to which welfare interests or rights shape the application of the law to children in both countries. The book's findings and recommendations will be of interest to legal professionals, policymakers, and researchers who work to promote the rights and welfare of children.

Weight: 757g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032542157