Raleigh, N.C. — A birth mother charged with kidnapping the twins she put up for adoption has asked a federal judge to let her out of jail until she goes to trial.

Allison Quets' attorney, Dennis Sullivan, argues in a motion filed Wednesday that the court "should not give much weight" to evidence presented by an FBI agent at a probable cause hearing last week.

"The agent admitted under oath that a large part of the historical information to which he testified came from a party with whom the defendant had been embroiled in a protracted and heated custody battle," Sullivan argued.

Quets, 49, of Jacksonville, Fla., was denied bond last Friday, in part, because the Judge James Gates worried that she is a flight risk and a psychological danger to the children, Holly and Tyler.

Federal prosecutors argues that Quets failed to return the twins to their adoptive parents after a weekend visit in December and fled to Ottawa, Canada. They said she had planned for months an elaborate plan to take the children.

She is being held without bond at the Wake County Jail, charged with federal charges of international kidnapping.

But in Wednesday's motion, Sullivan argued that his client was not a flight risk, citing Quets' release on bond in Canada, how she waived her right to contest extradition to the U.S. and abided by the Canadian court's conditions while on release.

Sullivan asked that Quets, who has no criminal record, be released to the custody of a third party and be under electronic monitoring.

The twins are back with their adoptive parents, Kevin and Denise Needham, in Apex.

It is unclear when a judge might rule on Quets' appeal