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Family Law

The leading authority on all aspects of family law

18 DEC 2013

The President's judgment in the matter of P (A Child)

The President of the Family Division and Court of Protection Sir James Munby has handed down a judgment in respect of the much publicised Re P (A Child) case which followed the Court of Protection case Re AA (Mental Capacity: Enforced Caesarean) [2012] EWHC 4378 (COP) whereby a child was born through enforced caesarean due to the mother's lack of capacity and the medical risks a natural birth would pose. Care and placement orders were made in respect of the baby as despite the mother's significant improvement in mental health, adoption was considered the best option for the child to have a secure, permanent and stable home in the absence of a suitable alternative family placement.

The application before the President was made by the Local Authority for a reporting restriction and within his judgment the President provides a background to the matter and his views about the media coverage and the public interest.


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