A New Hampshire woman and her husband have both been arrested and charged close to 10 years after they fled to Costa Rica with her daughter from a previous marriage amid a heated custody battle.
Scott Kelley was arrested Wednesday at Hartsfield-Jackson Atlanta International Airport as he arrived from Costa Rica with his stepdaughter, now 19, in tow the U.S. Marshals Service said.
Kelley was charged with custodial interference. His wife, Genevieve Kelley, faces trial next month for the same charge, after prosecutors said she fled the country in 2004 with her then 8-year-old daughter in defiance of a court order NECN reported.
Genevieve Kelley’s daughter and Scott Kelley’s stepdaughter, Mary Nunes, was with him Wednesday, but there were no warrants for her arrest and she was released, said Jim Joyner, supervisor of the U.S. Marshal’s Southeast Regional Fugitive Task Force.
The arrest of Scott Kelley was set in motion Monday when he and Nunes visited the U.S. Department of State office in Costa Rica to obtain travel documents needed to return to the U.S., said Deputy Marshal Jamie Berry, New Hampshire case manager for the Kelley case. Interpol alerts signaled that Scott Kelley was a wanted man and Nunes was listed as missing.
Federal marshals said they were made aware of their flight arrangements and intercepted them when they landed.
“Investigators talked to her and made sure she was OK,” Berry said. “We asked if she wanted any other arrangements, and she said no. We wanted to make sure she was there of her own free will.”
Berry did not disclose Nunes’ destination, citing privacy concerns.
“It’s been a long 10 years,” Berry said. “We had a lot of lookalikes we had investigated. We followed a lot of false leads, but we had to follow them all. Mary’s safe, and that was the overall goal for us.”
Genevieve Kelley has claimed she fled to protect her daughter from abuse by her ex-husband and father, Mark Nunes, who was investigated but never charged.