A mother whose infant daughter was taken from her by gardaí and placed in care of the Child and Family Agency (CFA) has lost a High Court bid to have her child returned to her.
Ms Justice Miriam O’Regan dismissed arguments the child was unlawfully and unconstitutionally taken into care when just a few days old.
Lawyers for the mother had sought an inquiry, under Article 40 of the Constitution, into the legality of orders permitting the CFA take the baby into care.
Bernice McKeever BL, for the mother, argued the order was fundamentally flawed and the child should be immediately returned to her mother. The inquiry was sought on grounds including the child’s detention in care was unlawful arising out her being “forcibly removed” from the family home by gardaí.
Opposing the application, the CFA argued the infant was lawfully and properly taken into care on foot of District Court orders.
Represented by Paul Anthony McDermott SC, the CFA also argued an inquiry under Article 40 was inappropriate and the matters complained of should be challenged either via an appeal or judicial review.
The court heard the mother and her partner came here from the UK before the baby was born.
The UK social services had intended to apply to have the baby placed in foster care upon birth, the court also heard.
The child was taken from her mother by gardaí arising from concerns expressed by the UK social services, mainly about the father who is believed to have a criminal record. Complaints were also made about the mother’s parenting of another child.
Shortly after the child was born here, she was taken into custody by gardai and placed in the care of the CFA on foot of District Court orders.
The mother’s lawyers complained the District Court made no access orders. Access was to be arranged between the mother and the CFA but no satisfactory arrangement has been reached and, as a consequence, the child has been denied her mother’s association and the health benefits from being breast fed, it was argued.
