Lawyers seeking the release of an infant from HSE (Health Service Executive) care have told the Supreme Court they are concerned the mother and child relationship is being damaged.

They are seeking an urgent appeal against yesterday's High Court ruling upholding the lawfulness of the baby boy's detention.

The infant was just one day old when he was taken from his parents over serious concerns by social workers that he may be at risk, particularly from his father's alleged anger and potential violence.

Lawyers for the child claim that the emergency care order made last Thursday is invalid because the mother was given late notice of the proceedings and because she claims her family was effectively put under house arrest by gardai while the HSE made the District Court application.

The High Court stood over the order and ruled that the baby's safety and welfare took precedence over the mother's procedural rights.

Michael O'Higgins SC, for the infant, today told the Supreme Court that the current emergency care order expires on Thursday when the District Court will hear a fresh application relating to the welfare of the child.

The court is then due to make a new order determining whether the infant should remain in care for a further month.

Mr. O'Higgins contends his appeal is urgent because mother and child will be at a disadvantage if they are still apart going into Thursday's hearing. He also expressed concern that his challenge to the lawfulness of the infant's detention will be moot if it is not heard prior to the District Court proceedings.

Mr. Justice John Murray replied that the application can never be moot unless the baby is released.

The Supreme Court judge accepted the urgency of the case and said it will be heard at the earliest possible date. He put the case in for mention on Friday.