On the basis of the submissions made by Mr MacEntee, I identify the issues relevant to the determination of the question whether the first and second named respondents' custody of Baby A was unlawful when the applicant made its complaint as follows:
(1) Whether the giving to and receiving by the first named respondent of Baby A contravened Section 34 of the Act of 1952, as amended by Section 7 of the Act of 1998.
(2) Even if it did not, whether the decision made by the mother to give Baby A to the first named respondent was good in law so as to render the custody of Baby A by the first and second named respondents lawful or, alternatively, whether that decision was vitiated by reason of the circumstances surrounding its making.
(3) Even if the mother's decision was a valid voluntary decision to transfer custody, whether it was a decision which so compromised the welfare of Baby A that she was not entitled to make it.