Fri, February 3, 2012
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Co-Parenting

In the Case of Siovaughn Wade v. Gabrielle Union, the Losers are the Kids

wades In the Case of Siovaughn Wade v. Gabrielle Union, the Losers are the Kids

Let me start by saying what this is not: This is not an endorsement of NBA all-star Dwayne Wade’s alleged behavior during his marriage or during his on-going divorce proceedings.  This is not commentary on allegations of adultery and STD transmission, among others, made by his estranged wife, Siovaughn Wade (pictured above), whom he began dating when they were both 15.  Nor is it commentary on his allegations of infidelity and mental illness, among others, against her.  This is also not commentary on the nature of his very public relationship with actress Gabrielle Union.

Broadly speaking, this isn’t really about the $50,000 lawsuit Ms. Wade filed last week against Ms. Union. What this is about, specifically, are the co-plaintiffs named in the lawsuit: the Wades’ sons, ages 8 and 2. 

The suit contends that Ms. Union’s relationship with Mr. Wade has caused the boys “emotional distress.”  In particular, Ms. Wade accuses Ms. Union of participating in “sexual foreplay” with Mr. Wade in front of the children; ignoring the oldest child’s “screams and cries”, along with Mr. Wade, as the child played unsupervised in and around a pool; and driving with the oldest child in the front seat of a car.  Further, the complaint alleges that at Christmas 2009, the children received “medium size gifts” from their father while Ms. Union got “the biggest gift of all.”  The suit goes on to state: “Defendant has played sexually explicit roles, including roles as a seductress…[She] has apparently decided to take her role beyond the films and into the home of a married man, Dwayne Wade, in the presence of his two minor children.”

The older child is receiving medical treatment for stress and anxiety, “has developed nervous habits, experiences headaches, and is generally anxious to the point of “significant” hair loss causing bald spots,” according to the suit. Under court-order, he is receiving mental evaluations at the University of Chicago.  The suits also notes that the child asked a court-appointed representative to “put his father in jail…” so that he wouldn’t have to return to “the house where the woman kissing daddy lives.”

About a week after this new suit was filed, the Chicago judge presiding over the Wades’ divorce case ordered sheriff’s deputies to take Ms. Wade into custody for failing to show up for a hearing at which Mr. Wade’s attorney planned to ask that his client be granted physical custody of the children. Judge Marya Nega cited a “pattern of behavior” by Ms. Wade throughout the divorce proceedings.  According to the Huffington Post: “‘When things don’t go according to Mrs. Wade’s way all of a sudden the phone’s turned off,’ said Nega, clearly exasperated when Siohvaughn Wade’s attorney explained she had not been able to reach her client.”  Previously, Ms. Wade had not followed court orders with regard to Mr. Wade’s parenting time and daily phone calls with the children. 

(Ms. Wade eventually spent an hour in jail before being released on $100,000 bond.  A custody hearing is set for June.)

Again…my intention is not to give Mr. Wade (or Ms. Union) a pass for negligent behavior, as alleged.  But I do have questions.  Ms. Wade made these emotional distress allegations in court about a month prior to filing the suit, but at that time, Ms. Union was not named as a defendant, and the claims were dismissed as frivolous.  Is this what Judge Nega meant when she mentioned things not going Ms. Wade’s way?  What could possibly be the reason for a separate suit against Ms. Union, besides an attempt to annoy and embarrass her?  Strokes for folks if that’s how we’re handing out scarlet A’s these days…but not with kids in the mix.  I have no doubt that the boys are emotionally distressed, and so is Ms. Wade, understandably so.  But exactly whom does this lawsuit serve? 

If Ms. Wade wins the $50K, it’s not as if she needs it for the boys’ counseling bills.  No doubt Daddy’s got that covered.  So exactly how would this money benefit the children?  Will she explain to the boys that “the woman kissing daddy” has been punished and forced to pay for their summer-long trip Disney World? And like kissing a boo-boo, Mama’s made it all better now?  Indeed…but for whom?  Ms. Wade needs to ask adults whose parents divorced when they were kids if 50 grand would have negated the emotional trauma they experienced.

Whether the children are suffering because of their mother’s antics or a too-soon or otherwise inappropriate introduction to Ms. Union as their father’s girlfriend, or–more than likely–both…the fact is, they are suffering.  That Ms. Wade would use the legitimate suffering of her young children in pursuit of emotional justice for herself is deplorable.

This sad case has helped me to better understand how family courts, flaws and all, work.  In Wade v. Wade, as in too many drawn-out divorce cases, allegations of infidelity, abuse, abandonment, and mental illness are made, withdrawn, substantiated, and unsubstantiated.  Reconciliations are attempted, seriously or half-heartedly; they fail.  The court’s job is to wade through all the muck, to some extent, but ultimately, in the case of custody decisions, the effects on the children speak loud and clear.  Problem is, sometimes judges fail to hear, best-interest attorneys aren’t equipped, lies are told, judicial biases go unchecked, one parent can’t afford proper representation, and on and on.  There are far too many things that can go wrong, and children-not their father’s mistresses–pay the biggest price.

But maybe-just maybe-the judge in this case will be able to silence the background noise, and hear the littlest voices.  So far, Judge Nega has stated that her primary concern is the boys and how they are being affected by the divorce proceedings. “Maybe it’s time for the kids to go live with Dad for a month or two,” she said.

Outside of chambers, the court of public opinion may have already declared Ms. Wade unstable and Ms. Union a homewrecker.  File under “Gender Bias”: I’ve heard far fewer voices condemning Mr. Wade’s behavior beyond, “He must have really done her dirty to set her off like this.”  That may well be, and yet…all the adults in this drama need to take responsibility for their contributions, whatever they may, to the emotional distress the Wade boys are experiencing.  That Siovaughn Wade thinks $50,000 should cover it and that Gabrielle Union alone should “pay” would laughable if it weren’t tragic. 

Attorney not named “Gloria Allred” to rep you during a lengthy divorce battle: $500+/hour

Two parents who put their selfishness, pride, and differences aside to help their children heal in the wake of a divorce: priceless.

 Source, Source, Source, Source, Source

 

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  • http://www.weparent.com Talibah

    There’s really only one thing I can say to this one, Deesha…”Amen!”

  • http://www.Lawgurl.com Lawgurl

    Hand Claps on this one… you did a really good job… smiles… really good job…

    To answer your question of ‘Why is Mrs. Wade attempting to sue Ms. Union for at least $50k?” The answer is quite simple…

    This is the best option, heck probably only option, Mrs. Wade has in seeking retribution on behalf of her children for the physical/mental suffering they’ve experienced via the alleged behavior that’s taken place between Mr. Wade & Ms. Union.

    Historically, if she and the children were to win said suit against Ms. Union, this would be yet another blow to the ‘Mistress’… (recall the North Carolina case where the wife was successful in suing her husbands mistress… [http://tinyurl.com/2e6sjcv])…

    Overall, this is a sad sad situation for children of America… Parent’s appear to be too busy fighting one another rather than fighting for their children…

    Again… Good Looking Job,
    Lawgurl

  • Clive

    Sad all around for the children. Most divorces are. Especially when the Woman is scorned. Thank goodness I have my own life to contend with to worry about anyone elses.

  • Clive

    PS. The woman appears to be the fighter. Ashamed she doesn’t love her children more than she hates her husband to. And he fact that Union is gorgeous as hell don’t help none. considering what the wife looks like. I hip Miss Union prevails. the Wade’s marriage has been over.

  • Chrystal

    Sadly, some gold-diggers, Siovaughn who snag an NBA Player can’t seem to let go of the lime-light and endless money at their disposal. Instead of trying to play this out in the media as if she’s the poor poor victim, she, Siovaughn should be considering her children and handle this in their best interest instead of trying to see how much she can hurt Union and/or get back at her soon-to-be ex, Wade

  • Deesha Philyaw

    Thanks, Chrystal, Clive, Lawgurl, & Talibah, for stopping by and for your comments.

    Lawgurl, intellectually and legally, I understand Ms. Wade’s case. But emotionally, thinking about her kids…not so much. I wonder if the fact that she herself is contributing to the children’s emotional distress with her behavior will be considered when the judge rules. And I believe her motivation for this case is about retribution for the wrong she’s endured more than for her children’s distress. I wish you were her legal counsel! :-)

    Now now, Clive…you brought looks into it? :-) If Gabrielle Union & Ms. Wade were on opposites of this issue what would you say? You wrote: “Ashamed she doesn’t love her children more than she hates her husband” and nailed the Golden Rule of Co-Parenting!

  • http://www.todaysmodernfamily.com Kela

    Amen, Deesha! As I stated in my article on this very subject matter, the way the soon to be divorced parents are handling this situation is probably the cause of their kids’ emotional distress. As in most cases, it seems as if Ms. Wade is trying to inappropriately heal her wounds rather than focusing on her children. That being said, I’m sure she’s hurting and I feel for her. As a former long-time girlfriend of a professional basketball player, with whom I share a child, I KNOW firsthand how that world can be. However, using innocent children in order to seek revenge of some sort is deplorable. You’re right, the only losers in that type of situation are the children. We must learn to deal with our “emotional baggage” in a way that doesn’t hurt our kids’ relationships with their biological parent, current or future step-parent and/or any siblings (half, whole or step).

    *Kela*
    http://www.todaysmodernfamily.com

  • Jay

    I think you guys are bieng way to hard on Ms. Wade. No doubt that she may be using her kids in this tussle, but if half of what she is saying is true, then it is truly. truly disturbing. I am saying this as a man and I think it is tiresome how people make excuses for extra-marital affairs, based on the looks of the person or otherwise. There are plenty of black girls out there who have self-esteem problems and for someone like Clive to respond that she deserves it because Gabrielle looks better is just awful.

    Divorces are awful for everyone involved. No one knows the motive of Siovaughn when she married Dwayne (Chrystal). It appears that they were together when they were still teenagers so it was not a sure thing that he was going to play pro or even start for marquette at that time. And even if she saw his “potential”what girl wants to go out with a loser.

    People get emotional during divorces, I am sure she is going through a rough time with it. Rejection is a difficult thing to deal with, especially with someone who is the father of your children. But adultery is worse and inexcusable. If Mr. Wade didn’t love her anymore that’s fine. That’s life. But he should be decent about it get a divorce and then move on. It seems like he got it in reverse.

    I am really disappointed in Gabrielle, I thought that she was a classier girl than that, but I guess not.

  • Blkirish

    Where to start…?

    In my opinion, Mrs. Wade is existing off of raw emotion and adrenaline these days. She’s invested a lot of years and no doubt effort in her relationship with D. Wade and it’s certainly understandable that while experiencing the dissolution of their marriage her mental capacity may be failing her while clouding her judgment and contributing to her questionable behavior. She’s hurting and is obviously ill-equipped at this juncture to handle it in a reasonable fashion. I hope that she can regain her sense of responsibility for her kids before her actions cause irreparable damage to the their kids.

    D. Wade and Ms. Union please use some discretion! Absent-mindedly subjecting those kids to your love affair is both insensitive and irresponsible. The marriage may have been well over by this time but all adults involved have to remain cognizant of the impact of their actions on these children. A passionate kiss or a quick lip-smack can be traumatizing for a child if they aren’t prepared for it.

    Clearly there is plenty of fault to go around several times for everybody in this case. What is necessary and probably recommended by the experts is counseling for everybody. Mrs. Wade needs to realize that there are two people involved that are absolutely more important than her and if it is her position that she will protect them from harms way she needs to first collect herself and check her disappointment and feeling or betrayal or whatever else to the side or at the very least manage them so that her kids aren’t in harms way by them.

    The newly loving couple needs to exercise more appropriate decorum. They may not be acting as explosive in public as Mrs. Wade but what they are allegedly doing is just as deplorable. Stay tuned for more of this comedic-opera!

  • QRQ

    Why is it that Mr. Wades current with is considered the gold digger? Why couldnt Mrs. Union wait until this man was completely divorced an then begin a relationship with him? Doiesnt matter, she wont be with him long anyway.

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