The High Court has ordered a review of the circumstances in which a one day old infant was taken into the care of the Health Service Executive (HSE). Lawyers for the baby boy claim the mother and child have been separated at a time when their bond should not be broken.
Michael O'Higgins SC told the court that the mother has teenage children who were placed in the care of the HSE arising from allegations made against her partner, who she has since married.
When she became pregnant again, her unborn infant was identified as being at risk. She gave birth to a baby boy on Wednesday morning.
Mr. O'Higgins said by that evening her solicitor was informed that an emergency care order was being sought by the HSE before the District Court.
Mr O'Higgins said the mother had a 15 minute consultation with her solicitor in hospital yesterday morning and that afterwards things took a dramatic turn for the worse.
He told Mr. Justice Sean Ryan that when the mother left hospital for a friend's house, gardai surrounded the house and announced they were under house arrest.
The solicitor claims this caused a significant degree of distress and that he engaged in discussions with gardai in which it was agreed to reduce the two patrol cars and a van to a single patrol vehicle.
'Consequences visited on innocent parent'
An emergency application to take the child into care was made before the District Court yesterday in which the judge found the child was at risk. That care order will be reviewed within 8 days.
However the child's lawyers say the pair has been separated at a time when the bond between mother and child should not be broken, especially as the infant is being breast fed.
They claim the District Court decision is flawed, and that the judge ignored a legal obligation not to visit on an innocent parent the consequences faced by a non-innocent parent.
Mr. Justice Ryan has ordered an inquiry into the lawfulness of the child being kept in HSE custody in circumstances where it is alleged that irregular procedures were adopted.
The inquiry may be held in court tomorrow once the HSE has been put on notice.
