Supreme Court hears case of newborn taken from mother
THE case of a one-day-old baby boy placed in emergency care – but now back with his mother under supervision of the HSE – raises exceptionally important legal issues, the Supreme Court has been told.
Those issues concern the rights of an innocent child and parent to be heard when an application for an emergency care order is being made arising from alleged wrongdoing by the other parent, Michael O'Higgins SC argued for the child.
The case involves a one-day-old child being taken away from his mother, against whom there was no allegation of wrongdoing, he said.
Gardai took the child from a house last month when he was one day old, arising from an application by the HSE under the 1991 Childcare Act.
Counsel for the child's father supported the application to have the court decide those issues.
The HSE argued that because the child had been reunited with his mother, his appeal against the High Court finding was pointless.
The court reserved judgment as to whether it should permit the appeal proceed to hearing.