The father of two children caught up in 60 Minutes’ alleged custody kidnapping in Lebanon is reportedly scared their mother won’t give them back if allowed to take them overseas, the woman’s lawyer says.

Sally Faulkner is in a Beirut prison after allegedly trying to kidnap Lahela, five, and Noah, three, who were taken to Lebanon by their father, Ali Elamine.

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Ms Faulkner’s Lebanese lawyer Ghassan Moghabghab has told News Corp Mr Elamine currently had legal custody of the children but was willing to let Ms Faulkner see them at any time.

“But he is not willing to allow her to take the children to Australia or elsewhere on holidays,” Mr Moghabghab said.

“If she takes the children to Australia who will say she will keep them and not bring them back to Lebanon?”

Four 60 Minutes crew members, including high-profile reporter Tara Brown, are also facing charges over the botched retrieval mission.

Mr Moghabghab says he doesn’t know whether the show had paid Ms Faulkner for her story or the recovery attempt.

He says his client was depressed and Mr Elamine had agreed to drop charges if she gave him sole custody and a full religious divorce, News Corp reports.

Mr Elamine’s 69-year-old mother has alleged she was struck on the head with a pistol during the incident.

Mr Elamine says she’s gone for brain scans and his family is doing “OK”.