Kingsbury’s motion for ‘no contact between Fravel and children’ denied by Judge

(ABC 6 News) – Wednesday morning, a judge on the child protection case for Madeline Kingsbury’s children decided that Adam Fravel’s visitation rights with his children will remain intact.

Fravel, Maddi’s ex-boyfriend and father of her children, has been charged with two counts of 2nd degree murder, with and without intent, in her death. Maddi Kingsbury’s body was found last Wednesday.

RELATED: Criminal defense attorney on arrest of Adam Fravel, ex-boyfriend of Madeline Kingsbury

Kingsbury’s father and stepmother, David and Cathy Kingsbury, filed a motion with their attorney Monday seeking to terminate Fravel’s visitation rights with the children they share due to Fravel being charged with their daughter’s murder last week. In virtual court Monday, Anna Tobia, stated that due to Fravel’s “alleged deliberate act of violence,” any contact with the children would be inappropriate if he were to post the $1 million dollar bail set for his criminal charges.

RELATED: “Allowing Mr. Fravel to see the children puts them directly in harm’s way”; Kingsburys file motion to terminate Fravel’s contact with kids

Winona County’s attorney on the case, Rebecca Church, filed a similar motion stating that due to recent significant changes, the county wishes to also cease any reunification efforts between Fravel and his 2-and 5-year-old children.

However, Fravel’s attorney, Thomas Braun, objected the motions, saying that the criminal case cannot interfere with this child protection order. Braun also objected saying that this motion is “moot” because Fravel is unable to exercise parenting with the children while he is in jail.

Judge Mary Leahy ruled in favor of Fravel, saying that the county’s motion is “premature and denied.” Judge Leahy pointed out that the “push to judgement is misplaced in this case” and that the courtroom is gravely mistaken to attempt to conduct a murder trial in the CHIPS case. Judge Leahy advised that the parties in this case take the custody matters to family court.

Braun also claimed that there is a ‘conflict of interest’ in this CHIPS case given the fact that Winona County is in charge of prosecuting this case alongside Fravel in the criminal case.

Judge Leahy reminded the court that Fravel’s parenting time has been suspended whilst Fravel is in custody and there will be no visits from the children.

Church said that the county would be filing a motion to terminate Fravel’s parental rights by the end of the week.

The guardian ad litem in this case, Heidi Neubauer, who is appointed to represent the children’s best interest in court proceedings, says that the two children are doing well.

While Winona County has full custody of the children currently, they have been temporarily placed in the home of the Kingsburys.

Since April, Fravel has had two hour-long supervised visits with his children twice a week. None have taken place since he was put in custody.

There will be a hearing for this weeks motions that have been filed on June 29 at 10 a.m.

A review hearing on the CHIPS case will be on Aug. 10 at 9:15 a.m.