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This article provides an analysis of the incorporation of the welfare principle into the Children and Adoption Act 2002, within the context of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 as applied by the Human Rights Act 1998, in addition to an assessment of its compatibility. It also seeks to evaluate the current judicial and academic response to this suggested area of tension.
This ready reference guide for all family court practitioners and judges provides a portable...