By Brad Edwards

(CBS) — There is a critical change in a Chicago’s area woman’s international fight for her little boy.

Last summer the mother of five-year-old Jack Redmond was forced to say goodbye to him.

She was ordered to put him on a plane to his father in Ireland, but Tuesday the U.S. appeals court says that was a mistake.

CBS 2’s Brad Edwards reports why in this original report.

“I can’t wait to hold jack in my arms again. I just miss him so much,” said the boy’s mother, Mary Redmond

In the case of Redmond v. Redmond in the United States Court of Appeals decision page 40 reads “… the District Court should not have ordered the child returned to Ireland. For the foregoing reason, we reverse the District Court’s order …”

“It never should have happened which makes it even worse,” said Mary Redmond.

A half-million dollar court battle envelopes her dining room and little Jack’s Christmas gifts sit in the living room.

“I want him home,” said Redmond.

In the summer of 2012, the battle climaxed as a federal order ushered J ack away by way of O’Hare.

“He is so loved and taken care of in America. He belongs in America and I don’t know why America isn’t keeping him home,” said Jack’s grandmother Peggy Redmond on the day Jack left.

It’s now a relationship via Skype.

Both parents originally fought for custody in Irish court. Joint custody was awarded and Jack was to be raised in Ireland.

Local attorney for the father David Schaffer believes the matter belonged and still belongs in Irish court.

“I respect both the federal district and appellate courts views on this, especially then-Chief Judge Easterbrook’s statement that “It is time … the subject be returned to the domestic relations apparatus of Illinois and Ireland, where it should have been all along,” said Schaffer.

So Redmond v. Redmond rages on.

“The day he comes home I’ll be the happiest person ever,” said Mary Redmond.

With her recent appeals victor, her attorney has now requested the court order the father to return Jack to Illinois.

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