Sophie Turner is suing Joe Jonas for allegedly keeping their children in New York City even though the couple, who confirmed this month they are ending their marriage, agreed the children would go to England with Turner on Sept. 20.

The family had been spending time in England after buying a home there in March, according to the suit. Turner, 27, was born and raised there and their children are dual citizens. In the suit, the children are only referred to by their initials, WRJ, born in 2020, and DMJ, born in 2022.

In May, Turner began filming a six-part drama series for ITVX, which is the "first significant role [Turner] has taken on since having the children," according to the suit filed in New York. 

While Turner stayed in the U.K. to film, Jonas, 34, left the country on July 31 to go on tour with The Jonas Brothers, a band that includes his two brothers, Nick and Kevin Jonas. The tour kicked off in New York on Aug. 12.

Because of Turner's busy filming schedule, the children traveled with Jonas and a nanny for a vacation in August. When Turner finished filming, she returned to the U.S. on Sept. 14, planning to stay a week and then take the children back to the U.K. with her.

Turner alleges the "breakdown" of their marriage "happened very suddenly." "The parties had an argument on August 15, 2023. On or about September 1, 2023, the Father filed a divorce case against the Mother in Florida," the suit reads. "On or about September 5, 2023, the Mother found out through the media that the Father had filed for divorce."

When they met to discuss their separation last week, Turner reiterated the plan to take the children back to the U.K., the suit alleges.

Jonas, however, allegedly refused to return the children's passports to Turner and refuses to send them to the U.K. 

The children's friends, family schools, activities, medical and dental care are all in England, according to the suit. They are currently with Turner at a hotel in New York City. Before choosing to relocate to the U.K., the couple and their kids spent most of their time in rental properties, mainly in New York City and Miami. 

The suit cites the Convention on the Civil Aspects of International Child Abduction, also known as the Hague Convention, which was ratified by both the U.S. and U.K. and grants the court "power to order the children's return at any time" if the children are under 16 wrongfully removed or retained.

Turner has also taken legal action in the U.K. She is asking that Jonas pay her attorneys' fees and expenses relating to the case.

The pair each posted a statement about their separation on Instagram on Sept. 6. "We have mutually decided to amicably end our marriage," the post reads. "There are many speculative narratives as to why but, truly this is a united decision and we sincerely hope that everyone can respect our wishes for privacy for us and our children.

In a statement to CBS News, a representative for Jonas said Turner was aware that he was going to file for divorce and that a Florida court order restricts both parents from relocating the children. The representative said the pair had a "cordial meeting" in New York on Sunday and the children have been with Turner since that meeting.

"Less than 24 hours later, Sophie advised that she wanted to take the children permanently to the UK. Thereafter, she demanded via this filing that Joe hand over the children's passports so that she could take them out of the country immediately. If he complies, Joe will be in violation of the Florida Court order," the statement continues. 

Jonas is OK with the kids being raised in the U.S. and U.K. but says they've spent the majority of their lives in the U.S., the rep states, and called them American citizens, whereas Turner's suit claims they have citizenship in both countries.

"This is an unfortunate legal disagreement about a marriage that is sadly ending," the statement reads. "When language like 'abduction' is used, it is misleading at best, and a serious abuse of the legal system at worst. The children were not abducted. After being in Joe's care for the past three months at the agreement of both parties, the children are currently with their mother. Sophie is making this claim only to move the divorce proceedings to the UK and to remove the children from the U.S. permanently."

"His wish is that Sophie reconsider her harsh legal position and move forward in a more constructive and private manner. His only concern is the well-being of his children."

CBS News has reached out to lawyers for Turner and is awaiting response.

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• Jonas Brothers

Caitlin O'Kane

Caitlin O'Kane is a digital content producer covering trending stories for CBS News and its good news brand, The Uplift.