Courts / Ireland / Report

Mother fails in bid to have child returned to her

Summary

At the High Court on 12 February 2016, Ms Justice Miriam O'Regan dismissed the mother's attempt to have her infant child returned to her. The mother, represented by Bernice McKeever BL, had sought an Article 40 inquiry into the legality of the orders that placed the baby in the care of the Child and Family Agency (CFA). She argued that the child had been unlawfully and unconstitutionally removed from the family home by the Gardai when the infant was only a few days old. The CFA, represented by Paul Anthony McDermott SC, counter‑argued that the child had been lawfully taken into care following orders from the District Court and that an Article 40 inquiry was inappropriate. The court found that the child remained in CFA care under the District Court orders and that the mother's claims of unlawful detention were rejected.

Who, what, where, when and why

What: Report matter: Mother fails in bid to have child returned to her. Procedural stage: hearing_or_decision

When:

• 2016-02-12 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report