You need to file an Emergency Motion for Change of Custody or in the Alternative to Enjoin (your ex) From Taking Minor Child out of State. It needs to be filed as any other motion, using the same format.
In order to be successful in such a motion, you need to show a substantial change in circumstance such that your child is in danger.
1. The parties in this action were divorced on xx,xx, 200x.
2. The parties in this action have one minor child, (name) (d/o/b).
3. The parties have joint physical/legal custody of the minor child.
4. It has come to my attention that it is the intent of (name of ex) to take the minor child out of the country to St. Thomas, Virgin Islands, on xxxxx.
5. (name of x) has many ties to St. Thomas, including many family members (name them). (name of x ) and the minor child will stay with (names) during the time they are in St. Thomas.
6. The family members of (name of x) have been involved in the manufacturing of illegal controlled substances.
7. The DEA has confirmed the above information. Put in any FACTS that you have to support this, including any police reports, DEA reports, etc.
8. (name of ex) has taken the minor child to St. Thomas against this Court's orders in the past. -- put in facts surrounding your past motion, the judges admonishment of her--etc. If you have a transcript, attach it as exhibit A.
9. Due to the ongoing illegal activity occurring at xxxxxx, I am extremely concerned for my child's safety. As this court is aware, weapons are often associated with the drug trade. Weapons are in the possession of (names of family members) and my child will be in extreme danger if s/he is allowed to travel to St. Thomas.
10. Due to (conversations, activities, actions, etc.) I am convinced that (name of x) has no intention to return the minor child to the continental United States.
WHEREFORE, I request that this Court grant my Emergency Motion for Change or Custody or in the Alternative to Enjoin (name of x) from taking the minor child to St. Thomas, Virgin Islands and grant such other relief as is necessary and just.
Add any facts to support your claim within the body of the motion and any exhibits that you may have.
When you file the motion, ask that it be given the status of an Emergency Motion. Ask that the Judge either hear the motion ex parte (without a hearing) or allow notice to your ex to be shortened so that the hearing can be held ASAP. Make sure that you serve your ex and file a proof of service.
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