Actress Zoe McLellan has asked a U.S. judge to grant her an emergency order for temporary full custody of her baby son so she can move to New Orleans, Louisiana to film a new Ncis spin-off show.

The former Jag star's estranged husband, actor J.P. Gillain, recently filed for divorce, requesting joint custody of their 18-month-old child Sebastian.

MCLellan is due to begin work imminently on new crime drama series Ncis: New Orleans and is seeking permission to take her boy with her - despite objections from Gillain, reports Tmz.com.

A judge is due to issue a ruling on the matter later on Tuesday (17Jun14).

The former couple wed in 2012.