A one-day-old girl was forcibly removed from her breastfeeding mother at a maternity hospital by gardaí and social workers, on foot of an emergency district court order, the High Court has been told.
The mother's solicitor told the court that the circumstances of the removal caused "huge trauma" to the mother, baby and the professionals involved.
Her lawyers were given permission to challenge the Child and Family Agency, Tusla, about how emergency and interim care orders were made for the baby.
The solicitor, Pól Ó Murchú, said he was very concerned about the absence of any suitable protocols or guidelines by Tusla in relation to removing a newborn child from their mother.
He said the circumstances of this case were "harrowing and very traumatic".
The mother claims her personal and family rights were breached and she did not get a right to be heard before the emergency order was made.
It is also claimed that the order involved "poor childcare practice" and was disproportionate.
The court heard Tusla sought the order because there would be an "immediate and serious risk" to the child once the parents learned of the court proceedings.
The parents have other children who are also the subject of care orders. The court was told that Tusla's concerns included domestic violence, a chaotic lifestyle and the mother's refusal to engage with social workers.
However, Mr Ó Murchú said there was no extraordinary and compelling reason given by Tusla to justify the emergency order being sought and implemented as it was.
An interim care application was made a couple of days later.
Mr Ó Murchú said there was a long and complicated history of the agency's involvement with the family.
In the interim district court proceedings, a social worker gave evidence about a lack of supervision and what was described as a strong sense of spirituality on the mother's part.
One child was missing for four days without gardaí being notified and the mother also spoke of "demons" and being entitled to beat the children.
The district court was told the lifestyle was chaotic and the relationship between the parents was a risk factor.
The mother had been punched in the face, strangled and beaten, but it was difficult to engage meaningfully with the parents about these matters, the social worker said.
The social worker said the parents continued to pose a risk.
A garda involved in the removal of the child said she explained to the mother that there was a court order and tried to persuade her to hand over the child, but she refused to do so.
She said the mother had a bible in one hand and the baby in the other.
The garda said she and her colleagues were anxious to ensure the baby did not fall.
She said an element of force was needed to remove the baby and she had found the incident very distressing.
The court heard the mother told the district court she wanted all her children returned to her and was very distressed by how the baby was removed.
She also said her husband was verbally but not physically abusive to her and she wanted her own accommodation.
The matter will be back before the court tomorrow.
