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The children of Jason Corbett, an Irish businessman beaten to death in the US last year, will remain with their aunt and uncle in Ireland after his American wife lost an appeal against a refusal to grant her custody.
The children's stepmother, Molly Martens Corbett (33), had sought custody and guardianship of the two children, Sarah (9) and Jack (12), soon after Jason Corbett (39) was found dead on August 2nd, 2015, in the house the couple shared at Meadowlands, in Davidson County in North Carolina.
Molly Martens Corbett has been charged over her husband’s death.
On Tuesday the state appeals court upheld a decision by Davidson District Court judge April Wood, who dismissed a custody request by Ms Martens Corbett.
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The appellate court said on Tuesday the judge’s decision was correct.
The mother of the children, Margaret Fitzpatrick Corbett, died of an asthma attack in 2006.
Molly Martens Corbett – Molly Martens at the time – travelled to Ireland in 2008 to be an au pair to Corbett’s children. She married Jason Corbett in 2011 and the family moved to Davidson County in the US.
Ms Martens Corbett had sought to adopt the children, but Mr Corbett refused.
With both of the children’s biological parents dead, guardianship would have to include custody as well, the court ruled.
Once guardianship was awarded to the children's aunt, Tracey Lynch, and her husband, David, judge Wood correctly ruled the custody issue was moot, the appeals court said.
The Lynches are happy with the court's decision, their lawyer, Kim Bonuomo, said on Tuesday.
“They are overwhelmed and relieved,” she said.
Murder charge
Ms Martens Corbett and her father, Thomas Martens, were charged in January with second-degree murder and voluntary manslaughter in Mr Corbett's death.
According to an autopsy, Mr Corbett died from blunt force trauma and multiple cuts and skull fractures. , According to search warrants, Mr Martens allegedly hit Mr Corbett with a baseball bat and a paving stone.
Mr Martens and Ms Martens Corbett have claimed self-defence. According to the search warrants, Martens told authorities he struck Jason Corbett because he was choking Ms Martens Corbett.
The custody battle was marked by allegations that Ms Martens Corbett physically and emotionally abused the children. In court papers, Tracey Lynch accused Ms Martens Corbett of being obsessed with getting the children to call her “mom”.
Ms Lynch also alleged Ms Martens Corbett exhibited “volatile behaviours” and “explosive anger”, especially toward the children.
On one occasion, Ms Martens Corbett held Jack in the sink as “water poured into Jack’s mouth”, Tracey Lynch alleged in court papers.
Molly Martens Corbett denied those allegations in court papers.
Ms Bonuomo said Molly Martens Corbett's attorneys could file a petition asking the North Carolina Supreme Court to review the case. Carole Albright, one of her attorneys, could not be reached for comment on Tuesday.
No trial date has been set on the murder charges against Ms Martens Corbett and Mr Martens. They are each out on bail of $200,000 (€192,326) bonds.
- (Winston-Salem Journal)