Mother gets baby back from care

A mother who challenged a decision to take her newborn baby into care shortly after he was born has been reunited with the infant.

This week the mother lost a High Court action against a district court ruling allowing the HSE to take the baby into emergency care when he was a day old.

At the High Court on Monday, Mr Justice Sean Ryan found the order allowing the HSE take the child into care for a period of eight days was valid and lawful.

The mother, who, under the care order was granted access to her baby for two hours a day, five days a week, appealed the ruling to the Supreme Court.

This morning, when the appeal was briefly mentioned before the Supreme Court, Chief Justice Ms Susan Denham, was told the emergency care order had expired on Thursday.

The infant is back with his mother and is subject to a supervision care order made by the District Court.

Barrister Michael O’Higgins SC, for the mother, said his client wished to proceed with the appeal given the case raised an issue of public importance. Barrister Tim O’Leary for the HSE said it will oppose the appeal on the basis it is now pointless.

The Chief Justice, in adjourning the matter to a date later this month, said the issues raised in the case do come before the courts from time to time.

In proceedings challenging the legality of the emergency care order, the High Court heard the HSE had particular concerns about the infant’s father. The court heard he was controlling, bullied his wife, and had in the past assaulted his wife’s teenage daughter by another relationship.

A HSE witness said there were welfare conferences with the mother and she had been aware for weeks that an emergency care order might be sought.

Lawyers for the mother, who rejects the HSE claims, said she not had enough time to prepare for the original District Court hearing and gardaí surrounded the house while she was breast- feeding and prevented her from going to court.

Mr Justice Ryan ruled on Monday that the mother’s right to fair procedures was outweighed by the State’s duty to protect a baby.