Ruby Franke's Estranged Husband Is Suing Jodi Hildebrandt, Who Was Convicted of Abusing His Kids Alongside Wife

Kevin Franke's attorney said he "filed in an effort to preserve Hildebrandt's wealth and assets until appropriate action can be taken to make the kids whole"

Kevin Franke, the husband of disgraced family vlogger Ruby Franke, has filed a lawsuit against Jodi Hildebrandt, who was convicted alongside his wife for aggravated child abuse last year.

Kevin filed the lawsuit in the Fourth Judicial District Court of the state of Utah against Hildebrandt citing “intentional infliction of emotional distress,” “negligent infliction of emotional distress” and “negligence” for him and his children.

In the court documents obtained by KUTV, Franke claimed that his estranged wife Ruby moved their four children into Hildebrandt’s home in Ivins, Utah, without “advising” him, and that two of his minor children experienced abuse while living there between May 22, 2023 and Aug. 20, 2023.

He alleged that two of his children — identified as “R,” 11, and “E,” 9 — were confined in the basement of the home and “not allowed to leave” without Ruby or Hildebrandt’s permission, under the threat of “going to jail” or “increased punishment.”

Related: A Timeline of Ruby Franke's Rise and Fall: From Family Vlogger to Convicted Child Abuser

In the filing, he claimed that R was “forced to do physical tasks for hours and days at a time,” including “wall sits,” “carrying boxes” of books up and down the stairs, doing outside labor “without shoes” and was “forced to stand in direct sunlight for several days” leaving him with “serious sunburns” and “blistered and sluffing skin.”

Kevin also claimed that R was “denied adequate water” when he was left out in the sun, “denied sufficient food” (and when he was given food, it was a plain serving of rice and chicken) and “denied entertainment” like books, notebooks and electronics.”

He alleged that E was also forced to do the same “extreme and demanding tasks” as R and remained outside without “adequate food and water.” She also worked outside in the sun without shoes, resulting in “scabs blisters and sluffing off skin.”

Related: All About Ruby Franke: Everything to Know About the Influencer Mom Convicted of Child Abuse

The father said, per the filing, that R “attempted to run away,” but had been caught and he was then “regularly bound” and “tied to multiple weights.” He said the bindings included handcuffs on his wrists and ankles and his binding led to injuries where the handcuffs “cut through the skin and damaged muscle and tissue.”

He also claimed that Hildebrandt tried to “indoctrinate” R by telling him that he was “evil” and needed to be “obedient” to avoid punishment, and thus by doing this “caused severe emotional harm” to both R and E, who had been there to witness everything.

On Aug. 30, 2023, R escaped the home and fled to a neighbor’s home, asking him to call law enforcement so he could be “taken to jail,” according to the lawsuit. First responders were called to Hildebrandt’s home and she was arrested, and E was found in a closet “emaciated” and in a “food deprived condition.” It was at this point the Department of Child and Family Services took custody of the children, per the filing.

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Randy Kester, Kevin Franke’s attorney, told PEOPLE of the lawsuit: "We filed suit against Jodi Hildenbrandt. Couldn't file for the kids yet because the State still has their legal custody, but filed in an effort to preserve Hildebrandt's wealth and assets until appropriate action can be taken to make the kids whole."

PEOPLE was unable to locate an attorney for Hidlebrant.

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