HELENA, Mont. (AP) — The ex-wife of the Montana man accused of kidnapping and assaulting an 11-year-old girl is asking a judge to grant her sole custody of their two young children.

Maleesha Kovnesky filed the emergency motion in Gallatin County District Court Monday as Jesse Speer agreed to return to Cody, Wyo., to face charges of kidnapping, aggravated assault and felony use of a weapon.

Kovnesky writes that she is asking for sole custody of the children, ages 7 and 4, for at least the next year. She writes that if Speer is found not guilty, they can revisit the plan in the future.

Police say a man lured the Cody girl into his SUV on Oct. 8th, assaulted her and then abandoned her outside town. Speer was arrested Saturday in Belgrade, Mont.