The model shares Leni, 16, Henry, 14, Johan, 13, and Lou, 10, with Seal, real name Henry Samuel, and said in a declaration filed on Thursday (20Aug20) that while they share custody, the kids live with her most of the time.
While Klum wants to take her kids to her home country to film "Germany's Next Top Model", the Grammy Award-winning singer is concerned about them travelling to the European country amid the ongoing Covid-19 pandemic.
Klum filed a request for an emergency hearing over the issue and a date has now been set for 28 August in Los Angeles, California.
The star is scheduled to fly to Berlin in October to shoot season 16 of the show for three and a half months, but Seal has not approved the trip. The reality competition show usually films in Los Angeles, but the German cast and crew weren't able to enter the US due to the coronavirus crisis.
"I am well aware of all of the necessary precautions associated with the Covid-19 virus, and would never put our children at risk - I have taken all the precautions for Germany the same way I do in the United States," Klum wrote in her filing.
She also said she's willing to adjust their custody schedule this year so that their father could spend Christmas with them.
Eldest daughter Leni has also submitted a declaration to the court to give her support for the trip to Germany, insisting, "This is hard because I love both of my parents, but I feel like I need to speak up. I understand that my siblings are too young to speak to the judge, so I am happy to speak for all of us.
"My mom needs to film in Germany for a few months and my siblings and I want to go with her."
Klum and Seal were married from 2005 to 2014. She has been married to German guitarist Tom Kaulitz since February 2019.