Lawyers for the step-mother of two Irish children at the centre of a US custody battle say her appeal will not delay them returning to Limerick.

Jason Corbett, originally from Limerick, died in a domestic incident in North Carolina. Police say they are not looking for anyone outside the home in connection with his death.

His wife and the stepmother of his two children, Molly Martens, had sought custody of Jack and Sarah.

But her case was dismissed yesterday, paving the way for their return to Ireland with their aunt and her husband.

Judge April Wood dismissed the case of Molly Martens - the children's step mother - who was seeking custody of the children.

Molly Martens lawyer, David Freedman, told Newstalk Lunchtime she will be lodging an appeal - but it will not prevent the children from returning home.

Yesterday's ruling means Jason's sister, Tracey Lynch, can bring the children back to Ireland.

The children's biological mother, Margaret 'Mags' Fitzpatrick, died following an asthma attack in 2006.

Margaret Fitzpatrick's mother - and the children's maternal grandmother - Marion Fitzpatrick spoke of her high hopes after the ruling.

"Over the moon - it is better than winning the lotto", she told Newstalk Breakfast.

"When Jason got married to Molly I asked the one time: 'Am I still your mother-in-law', and he says 'You are Mar'".

"And he kept Margaret alive with the kids - talking about them, showing pictures, coming to the grave".

"Ireland was where Jason wanted to bring them kids home eventually".

She said the last few weeks have been hard on the family: "It was unbelievable, so we had to do something".

"I hope justice will be done and the Corbett family will get answers - I'm very angry".

While speaking at her home in Limerick, Jason's mother Rita Corbett described the last phone call she had with her son.