TAMPA, Fla. - Christy Bailey and her twin boys, Roque and Christian, are inseparable, but a bitter custody battle could tear them apart.
Their father, Roque Fernandez is from Panama. The boys were born there, however, Bailey says her relationship with their father became physically and mentally abusive during her pregnancy and after the boys were born.
She filed several restraining orders against him but nothing worked.
"He just made my life hell, he stalked me, he even pulled out a gun on me," said Bailey.
She finally had enough. She packed her bags and took the boys to Missouri.
"I was scared for our lives. I mean, I had to get out of there," said Bailey.
Eventually, Fernandez tracked her down. It has been a legal battle ever since and several legal rulings later, a court decided the boys must be sent back to Panama.
The appellate court frowned on the fact she moved the boys to the U.S. twice and ordered they go back to Panama by December.
Bailey's attorney, Ashley Taylor says the appellate court never considered what was best for the children.
"It's going to be more of a disruption. I think it's going to be very hard to understand what's going on," said Taylor.
Now they will ask a federal court to consider Roque Fernandez's recent bad behavior.
"We recently learned that the father had 1500 kilos of cocaine on his property and because of that he was in prison and entered in a plea deal. He had some sort of early release. We are still trying to get the facts there to understand what happened," explained Taylor.
Bailey wants what’s best for her boys.
"It’s absolutely an injustice. I think laws are made for a purpose but I don't think, in this particular case, I don't think they are being exercised in the right way," said Bailey.