Halle Berry is facing allegations of child abuse from her former husband, Olivier Martinez, who has asked a Los Angeles court for sole custody of their 12-year-old son, Maceo.
Martinez, 60, filed a petition for a temporary restraining order against Berry, also 60, on Thursday, October 1, alleging that the actress physically abused their son during an incident at her home on September 26.
In court documents, Martinez claimed Berry 'physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him'. He also alleged that the incident was not isolated and referred to what he described as previous incidents involving their son.
Martinez Claims It Was Not an Isolated Incident
According to Martinez's declaration, the 26 September incident began while Maceo was playing a virtual reality game at Berry's home. Martinez alleged that Berry began pushing their son in what he believed was initially intended as playful behaviour. He claimed the situation escalated after Maceo asked her to stop.
The filing alleges that Berry then became angry and later physically confronted the boy. Martinez claimed she grabbed Maceo around the neck and choked him. He also alleged that Maceo contacted him during the incident and asked him to come and pick him up. He included the alleged incident as part of his request for changes to the couple's existing custody arrangement.
In his declaration, Martinez wrote: 'This is not the first time [Berry] has physically attacked our son.'
He further alleged that there had been other incidents over several years involving what he described as physical, verbal and emotional abuse. These claims have been made in legal filings and have not been established as facts by a court.
Olivier Martinez Seeks Sole Custody
Martinez is asking the court to change the current custody arrangement and grant him sole legal and physical custody of Maceo.
Berry and Martinez finalised their divorce in 2023 after initially filing for divorce in 2015. Their divorce agreement provided for joint legal and physical custody of their son, with Berry also agreeing to pay monthly child support and certain education-related expenses.
The former couple had previously taken steps to address disagreements over co-parenting. Court documents from 2024 show that Berry and Martinez agreed to participate in co-parenting therapy intended to help them resolve disputes and improve communication regarding their son.
Martinez's latest filing therefore represents a significant request to alter an arrangement that had previously given both parents shared custody.
Temporary Restraining Order Granted
A Los Angeles County judge granted Martinez a temporary restraining order against Berry on 1 October following the allegations.
The temporary order restricts Berry's visitation with Maceo to specified days and hours while the case proceeds. The judge did not grant Martinez's request for monitored sobriety, citing insufficient evidence, according to PEOPLE. A further hearing is scheduled for 16 October when the court is expected to consider the next steps in the case.
The temporary nature of the order means it does not represent a final determination of the allegations made against Berry. The court has also ordered the former couple to participate in confidential mediation concerning custody, according to legal documents reported by TMZ.
Halle Berry's Legal Team Responds
Halle Berry's representatives have rejected Martinez's allegations. Her attorney described the claims as 'meritless' and 'misleading', while saying Berry remains focused on protecting Maceo's best interests. The allegations remain part of an ongoing family court dispute, with the court yet to make a final determination on the claims of child abuse or Martinez's request for sole custody.
Berry and Martinez, who married in 2013, share Maceo, born in October 2013. Berry also has an older daughter, Nahla, with former partner Gabriel Aubry. The latest custody dispute places the former couple back before the court as they address allegations involving their son and determine what custody arrangements will apply while the proceedings continue.
