Actress Gabrielle Union is refuting allegations made by the soon-to-be ex-wife of her NBA All-Star boyfriend Dwyane Wade that the pair engaged in inappropriate behavior in front of his children.

Siohvaughn Funches filed a $50,000 lawsuit on May 4 against Union for allegedly engaging in “sexual foreplay” in front of the eight- and two-year-old sons Wade and Funches have together. Wade and Funches are in the midst of an acrimonious divorce.

Union’s spokesperson apologized to the court system for having to put up with “erroneous claims when there are real victims who should be receiving the legal attention they need,” according to

Wade recently filed for sole custody of the children and called the accusations “meritless,” telling that he is “deeply saddened and disappointed that Siohvaughn has used our sons, once again, as pawns and is now lashing out at Gabrielle, who is an innocent party. It is clear that this is a desperate attempt to retaliate against me for seeking sole custody of our children and requesting that the court have her undergo a psychiatric examination.”

In the lawsuit, Funches claims Union engaged in “extreme and outrageous conduct” with Wade in front of her sons. She also claims that her oldest son, Zaire, was allowed to play in or around Wade’s home pool without supervision at night according to the Chicago Sun-Times, and that her youngest son, Zion, nearly drowned in Wade’s pool while under her husband’s care.

Wade and Union allegedly ignored the boy’s “screams and cries” until the Miami Heat player’s mother heard the boy and brought him inside.

In the lawsuit, Funches said her older son has had to receive medical treatment for stress and anxiety after forming nervous habits, bad headaches, and hair loss due to his father’s relationship with Union, according to

The lawsuit is the second filed between Funches and Wade in just over a year; Wade sued his wife in February 2009 for defamation of character.