The Law And Child Development

This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law's approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society's values.

This book examines how child protection law has been shaped by the transition to late modernity and how it copes with the ever-changing concept of risk. The book traces the evolution of the contemporary child protection system through historical changes, assessing the factors that have influenced the development of legal responses to abuse over a 130-year period. It does so by focussing on the Republic of Ireland where child protection has become emblematic of wider social change. The work draws on a wide range of primary and secondary sources including legislation, case law and official and media reports of child protection inquiries. It also utilises insights developed through an extensive examination of parliamentary debates on child protection matters. These materials are assessed through the lens of critical discourse analysis to explore the relationship between law, social policy and social theory as they effect child protection. While the book utilises primarily Irish sources, this multidisciplinary approach ensures the argument has international applicability. The book will be a valuable resource for all those with an interest in the development of child protection law.

This comprehensive and in-depth study on the understanding and interpretation of the child's right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law.The author analyses the travaux prparatoires of the CRC and the academic work of some of its drafters. The book includes an interview with one of the drafters and explores the literature of the Committee on the Rights of the Child with respect to article 6(2) and how its understanding and interpretations of this article have developed over time. It examines the weaknesses and strengths in relation to the observations it has made and explores the legal effects of the Committee's classifications and makes suggestions for others as well.Importantly, the book also discusses the relationship between the right of the child to survival and development and his/her dignity. It provides an understanding of the child's physical, mental, spiritual, moral and cognitive development in the context of his/her right to survival and development. In addition, the author discusses various State obligations aiming at the enjoyment of the right to survival and development and also touches on global warming and its relationship with the right of the child to survival and development.The reader will gain an understanding of different approaches to the interpretation of human rights treaties in general, and attitudes towards the assessment of the work of the Committee on the Rights of the Child. He will also learn about the connection between the right to development and the economic and social rights of the child on the one hand, and the right of the child to survival and development on the other hand. Moreover, the book introduces the concept of comprehensiveness and individuality of the right of the child to survival and development and fundamentally argues that there is still more to add to the understanding and interpretations of article 6(2) of the CRC.

A comprehensive analysis and innovative, holistic interpretation of the child's right to development.

"[T]he best and most useful social science text I have read in a decadeÖ.It is comprehensive in its research and scope, clearly written and uses excellent case studies and examples to illustrate in simple terms what might otherwise be complex phenomena." --Dr. Tom Altobelli Federal Magistrate, Family Law Courts Sydney, Australia The goal of every family law professional and mental health practitioner is to improve family court outcomes in the best interests of the child. This book will assist readers in meeting this critical goal. Developmental Psychology for Family Law Professionals serves as a practical application of developmental theory to the practice of family law. This book helps family law and mental health professionals gain a broader understanding of each child's unique needs when in the midst of family crisis. It presents developmental theories with which professionals might better assess the developmental needs, synchronies, and trajectories of a given child. Ultimately, this book presents guidelines for making appropriate legal decisions and recommendations for children who have experienced crises such as abuse, neglect, relocation, divorce, and much more. Key topics include: Custodial schedules Foster and adoptive care Post-divorce disputes Termination of parental rights Psychological assessment and diagnosis Incarcerated parents and visitation rights Relocation and "distance parenting" Visitation resistance and refusal/reunification Parental Alienation/alignment and estrangement Theories of cognitive, language, and social development

A practical and concise guide to the areas surrounding the Children Act 1989 and subsequent child protection legislation, guidance and case law. The book deals with care planning, expert evidence, taking instructions, case preparation and courtroom skills.

More than a quarter of a century has passed since Canada promised to recognize and respect the rights of children under the United Nations Convention on the Rights of the Child. Ratification of the Convention cannot, however, guarantee that everyone will abandon proprietary notions about children, or that all children will be free to enjoy the substance of their rights in every social and institutional context in which they find themselves, including—and perhaps especially—within families. This disconnect remains one of the most important challenges to the recognition of children’s rights in Canada. The authors argue that social toxins are as harmful to children’s independent welfare and developmental interests as environmental toxins, and that both must be eradicated if Canada is to fulfill its commitments under the Convention. They also argue that if Canada wishes to ensure the substance of the rights outlined in the Convention are socially guaranteed, an attitudinal or cultural shift is required concerning the moral and legal status of children. This revised, expanded, and updated edition of the bestselling Challenge of Children’s Rights for Canada will be of interest to academics, policymakers, parents, teachers, social workers, and human service professionals—indeed to anyone who cares about and for children.

Canada signed the United Nations Convention on the Rights of the Child over a decade ago, yet there is still a lack of awareness about and provision for children’s rights. What are Canada’s obligations to children? How has Canada fallen short? Why is it so important to the future of Canadian society that children’s rights be met? Prompted by the gap between the promise of children’s rights and the reality of their continuing denial, Katherine Covell and R. Brian Howe call for changes to existing laws, policies and practices. Using the United Nations Convention on the Rights of the Child as their framework, the authors examine the continuing problems of child poverty, child care, child protection, youth justice and the suppression of children’s voices. They challenge us to move from seeing children as parental property to seeing children as independent bearers of rights. In The Challenge of Children’s Rights for Canada, Canada’s obligations and the rights of children are examined from the perspectives of research and development in the fields of developmental psychology, developmental neuroscience, law and family policy. This timely and accessible book will be of interest to academics, policy-makers and anyone who cares about children and about taking children’s rights seriously.