Lawyers for an infant who was taken into care a day after his birth claim a High Court challenge to his detention has raised important issues of law.

They want to have their case determined by the Supreme Court, even though the baby boy is now back living with his parents.

The Supreme Court has reserved its decision on whether there are issues in this appeal that are still live.

The High Court last month upheld an emergency care order taking a one-day old infant into Health Service Executive (HSE) custody over concerns he was at risk from his father.

The mother had claimed she was effectively kept her under house arrest while the HSE went to court.

Lawyers for the infant say they are concerned it is now the law of the land that the HSE can bring an emergency care application when the mother is not in a position to address the case.

However as the child has since been returned to his family after a follow up hearing in the District Court, the question for the Supreme Court is whether the case is now entirely moot.