Oh boy, that does sound like abuse and neglect, Eric.
Under these circumstances, you could typically file an emergency petition for custody of the children to prevent them from having to return to Germany.
The applicable statute provides:
New Mexico Statutes 32A-4-16. Ex-parte custody orders
A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.
B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.
C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.
Here is a link to the statute:
Since you have already attempted to gain custody and failed, and because this is extraordinary relief not easily obtained in most courts since it denies due process to the other parent, it would be highly recommended that you retain an experienced local family law attorney to aid you in obtaining the emergency custody order. You could attempt to proceed after that without an attorney, but you should at least have an attorney to aid you getting legal custody initially.
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