Judge orders Dwyane Wade to turn over kids to ex-wife for visit
BY MAUDLYNE IHEJIRIKA Staff Reporter email@example.com July 30, 2013 9:58PM
Updated: September 1, 2013 6:41AM
Miami Heat star Dwyane Wade was ordered by a Miami judge Tuesday to immediately turn over the couple’s two sons to their mother, ex-wife Siohvaughn Funches-Wade.
Dade County Circuit Court Judge Antonio Marin denied the emergency motion Wade filed on July 22 seeking to withhold visitation from Funches-Wade unless she submitted to his demands that she get a psychological evaluation.
Marin ordered Funches-Wade to undergo an evaluation for anger management. Tuesday’s ruling was the latest chapter in the long-running divorce saga of the basketball superstar and his ex-wife.
The court case followed a five-day trial in Chicago courts over the couple’s finances, ending in a $5 million settlement for Funches-Wade.
On the same day Wade’s attorneys announced the $5 million settlement, the superstar filed the motion in Miami.
Wade cited his ex-wife’s anger during the trial, and her emotional display at the Daley Center on the trial’s fourth day — when she sat outside on the sidewalk telling her story to the media and public.
“The judge granted our motion for a directed finding that Mr. Wade failed to make a prima facie case — there was no basis for withholding or modifying Ms. Funches-Wade’s visitation,” said Funches-Wade’s attorney, Brian Hurst. “She’s lost eight days with her children. Under their custody judgment, she’s now entitled to compensatory time.”
The children, Zaire, 9, and Zion, 4, have been in Chicago since July 22 — when they were to have been delivered to their mother for a scheduled two-week visit, attorneys for both sides told the Chicago Sun-Times.
Both sides said the boys will be turned over to Funches-Wade on Wednesday morning.
“On behalf of Mr. Wade, we are satisfied. If we hadn’t brought that motion, there was no other way to call the court’s attention to her erratic behavior in the courthouse and at Daley Plaza,” said Wade’s attorney, James Pritikin. “An evaluation for anger management is the same thing as a psychological evaluation. . . . Tomorrow morning, they’re going to begin a period of visitation with their mother.”
The one-time high-school sweethearts grew up in south suburban Robbins.
They married in 2002, and Wade filed for divorce from Funches-Wade in 2007. Their divorce was finalized in the Cook County Circuit Courts in 2010.
A 2011 custody judgment granted Wade, now dating actress Gabrielle Union, sole custody of their two children and visitation rights to his ex-wife.
During summer months, the judgment states, Wade and his ex-wife are to “have equal parenting time with the children . . . in alternating two-week blocks of time.”
The children had been scheduled to begin a two-week visit with their mother on July 22. But after the Daley Plaza incident, Wade decided not to allow the visit and filed the emergency motion hours before Cook County Circuit Court Judge John Thomas Carr approved their $5 million settlement.
Funches-Wade then filed an unlawful visitation interference report against Wade with the Dolton Police Department on July 25.
In a statement, she told the Sun-Times there is nothing wrong with her.
Her attorney agrees, arguing that he thinks there is no basis for the judge’s order for an anger-management evaluation.
“Our position is that if you want to take six minutes out of someone’s life in the course of a divorce case — the length of the Daley Plaza video Mr. Wade’s lawyers showed in court — you’re going to see them angry,” Hurst said.
“There’s no one who goes through a divorce case that at some point isn’t angry. It is not representative of who she is as a person or as a parent. The judge is free to look at plenty of clips of Mr. Wade playing basketball and getting angry at opposing players over technical fouls. I don’t think that’s any more basis for him submitting to a psychological evaluation than it is for her.”