Children, the Law and the Welfare Principle: Perspectives from North America

This book explores the role of the welfare interests of the child in the law of the U.S. and Canada, comparing the contemporary law relating to children in both countries and focusing on the Indigenous communities. It builds a picture of the law relating to children in the two countries and assesses the different effects of the same legal framework on the welfare of Indigenous and other children.

Format: Hardback
Length: 302 pages
Publication date: 19 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate relationship between the principle of the welfare interests of the child and the law in the United States and Canada. Building upon the themes explored in its predecessors, it offers a detailed account of the historical development of this principle in both countries, conducting a comparative analysis of the contemporary laws governing children. Moreover, it sheds light on the unique perspectives of Indigenous communities, such as the AN/AI and the First Nations, within the legal frameworks of the U.S. and Canada.

Through a meticulous examination of the principle's functions in various sectors of family law, including public care, protection, and control, as well as private matters such as matrimonial and adoption, the book paints a comprehensive picture of the law relating to children in these two nations. It identifies significant jurisdictional differences and assesses the impact of the same legal framework on the welfare of Indigenous and other children.

In addition to a comprehensive digest of cases and legislation, this book provides valuable insights for lawyers, academics, and researchers alike. It explores the evolution of the principle to reflect changing social mores and offers a wealth of information on how it has been balanced with other principles in both civil and criminal contexts. For those interested in politics and social policy, the book provides illuminating evidence of the ways in which the law has navigated the complex interplay between the welfare interests of children and other societal concerns.

In conclusion, this book is a vital resource for anyone seeking to understand the complex dynamics of child law and welfare in the United States and Canada. It offers a comprehensive and insightful examination of the historical, legal, and social factors that shape the lives of children and their families.

Weight: 740g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032216898