Miami Heat basketball players Dwyane Wade (2nd from L with sons Zion and Zaire) and LeBron James (R) pose for photo with Kei Nishhikori (L) of Japan and Rafael Nadal of Spain prior to their match during the Sony Ericsson Open at Crandon Park Tennis Center on March 26, 2011 in Key Biscayne, Florida.
The ex-wife of Miami Heat star Dwyane Wade must visit her children in Florida, pending a court ruling on whether she violated a previous visitation schedule, a judge ruled Tuesday.
Siovaughn Funches-Wade invoked her Fifth-Amendment rights in the hearing because her testimony Tuesday could hurt her defense against criminal charges, said Michael Haber, her attorney.
Associate Judge Helaine Leslie Berger also told Funches-Wade that she is not to discuss her arrest with the children, and that she would lose visitation if she did, according to the Chicago Tribune.
Wade's attorney filed a motion last week asking for her visitation rights to be suspended or to allow Funches-Wade visitation only with supervision. Wade does not want his ex-wife visiting the children alone until she has had a medical examination, the Tribune reported.
Wade has filed a petition to move the proceedings to Dade County, Fla., the where the children live, his attorney, James Pritikin told the Tribune.
She is accused of failing to give their sons, ages five and 10 to Wade's sister June 16 so they could spend Father's Day weekend with their father.
The couple divorced in 2010 and Wade gained custody in 2011.
The next hearing in the case is scheduled for July 9, according to the Tribune.