Transcription:

FEISS: No, it doesn't make much sense. The only thing I can think of is that these -- both of these laws were passed a while ago. I believe the parental kidnapping was passed in 1983, most recently amended in 1983, so that there was probably a little bit of a different view of it. I would bet that the statute might be changed now, after this case, and the penalty increased.

VAN SUSTEREN: Henry, take me back into the cell block. What are you going to tell your client, if you represent Stephen Fagan, about when he meets with his adult children?

OWENS: I think what's very important today, as you noticed, both of the children were in court. His wife was in court. I think the record clearly shows that since he has custody or since the children had been with him, he's been an ideal parent. The children went to school. They became good students, went on to college. He was super-dad, So all the things he was fearful of when the children were with his former wife, he's overcome all of that right now.

VAN SUSTEREN: And the first thing he's going to say to you is, "Henry, can you get me out of here?" What are you going to say to him?

OWENS: Well, I think it’s going to be very difficult in Middlesex County for the prosecutor to convict him for kidnapping if those two children testify at trial and then say, "Listen, for the love of my children, I had to take them out of that most unfortunate surrounding. I had to get them away from a mother who was drunk, who was not feeding them, who was not a good parent. I did this for the love of my children." And I think it's going to be most difficult for any jury lo convict him on the set of facts as we now know them to be.

VAN SUSTEREN: Assuming that the facts are as you say them and that she's not a loving mother. But at this point, we simply don't know exactly what all the facts are.

But we need to take a break. Up next: crime and punishment in the court of custody law. Stay with us.