Law and child development in the UK and the US

Abstract

Purpose

This paper seeks to consider the inter‐connections between law and child development, particularly in the areas of child custody and child protection, in both the USA and the UK.

Design/methodology/approach

The paper is based on analysis of US and UK legal systems and child developmental research.

Findings

Although the two legal systems have much in common in their approach to safeguarding children's welfare, there are also notable differences between them in terminology and in concept. Whereas the USA places a greater emphasis on the rights, particularly autonomy rights, of both parents and children, the UK justifies its laws affecting children largely in terms of parental responsibility and child need.

Originality/value

The paper argues that each of these legal regimes has something to learn from the other and a reader interested in thinking about the relationship between child welfare and law will profit from considering the distinctions, as well as the commonalities, between the two regimes.

Citation

Buss, E. and Maclean, M. (2011), "Law and child development in the UK and the US", Journal of Children's Services, Vol. 6 No. 4, pp. 236-247. https://doi.org/10.1108/17466661111190938