Tuesday, December 30, 2014

Kelley’s Hero

Related: Kelley’s Escapade

"Mom jailed in custody case" by Kathy McCormack, Associated Press  December 19, 2014

LANCASTER, N.H. — A woman who was accused of fleeing with her daughter to Central America in a custody dispute 10 years ago and recently returned home was sent to jail on Thursday to await trial.

Genevieve Kelley returned to New Hampshire last month to face a custodial interference charge in Coos County. She will not disclose the location of her daughter, 18-year-old Mary Nunes, but said she is safe.

Kelley had been free on bail. But a judge on Thursday reset her bail at $250,000 cash after prosecutors raised questions about whether she has failed to turn over passports she may hold in other names.

The judge did not rule on the prosecutor’s request to order that Nunes be brought out of hiding, but said he does not have the authority to force her to undergo a psychological evaluation. County Attorney John McCormick had wanted the court to order an evaluation and treatment of Nunes free from her mother’s influence.

Kelley, of Whitefield, is under orders to have no contact with her daughter. Her lawyer, John McKinnon, said the prosecutor has no legal basis to support the request.

McKinnon said an 18-year-old cannot be forced to appear before the court ‘‘without her even being accused of having committed a crime or being a threat to herself or anyone else.’’

In October 2003, Kelley canceled a daughter-father visit and reported to the state Division of Children, Youth and Families that Nunes was abused by her father. Police and state investigators felt he was unfairly accused, and he was never charged.

By November 2004, Kelley had moved to Colorado with her daughter and they were ordered to appear for an evaluation, but never showed up. McCormick said in a motion that Kelley fled with her 8-year-old daughter amid the litigation over the child’s visitation schedule with Mark Nunes, the child’s father and Kelley’s ex-husband.

The following December, Mark Nunes was given custody of Mary, but she had already disappeared with her mother. Kelley was indicted in 2005.

Nunes last saw his daughter when she was 7, and hopes to reunite with her.

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Maybe doing an interview with the Globe was a mistake.

UPDATE: Judge rules teen in N.H. custody case may be questioned