Halle Berry files request after ex granted temporary restraining order following allegations of abuse involving son
Halle Berry has asked a court to restore the custody arrangement she previously shared with ex-husband Olivier Martinez, amid an explosive parenting battle.
The move comes days after he was granted a temporary restraining order following allegations concerning their son.
The Oscar-winning actress, 60, has denied allegations made by Martinez, also 60, that she physically abused their son, Maceo, 13.
According to court documents reported by PEOPLE, Berry is seeking the reinstatement of the former couple’s previous 50/50 custody arrangement.
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The application follows a temporary order granted to Martinez by a Los Angeles County judge earlier this week, which modified Berry’s parenting time and is awaiting a further hearing.
Martinez alleged in his filing that an incident took place between Berry and their teenage son on 26 September, during which he claims the actress put her hands around the boy’s neck and choked him.
The documents allege: “She grabbed Maceo by the neck and started choking him while shouting, 'Who is dominant now?! Who is dominant?!'", reports HELLO!.
Berry strongly disputes that account.
TMZ reports that the actress said the incident began while Maceo was using a virtual reality headset and developed into what she described as ‘playfully roughhousing’.
Berry denied putting her hands around his neck, choking him or restricting his breathing.
She said the interaction subsequently became more heated with Maceo shoving her, before her fiancé, musician Van Hunt, intervened.
Berry stated unequivocally in her filing: “I would never hurt our child.”
She also described herself as a survivor of domestic violence and an advocate for victims, although she did not identify an alleged perpetrator in the filing reported by TMZ, and has only referred to that person generally as an ex.
Her lawyer, Marina Beck, previously described Martinez’s allegations as ‘entirely meritless and deliberately misleading’, adding that Berry would continue to fight for her son’s best interests.
Martinez’s lawyer, Patrick Baghdaserians, has said his client’s principal concern is the child’s ‘health, welfare and safety’.
Martinez is seeking changes to the former couple’s custody arrangements and has made a series of further allegations about Berry’s behaviour, which she contests.
The temporary order has not stopped Berry from having contact with her son, instead, it temporarily limits her parenting time to specific daytime hours on Mondays, Tuesdays, Saturdays and Sundays.
The judge declined Martinez’s request for sobriety monitoring, saying there was insufficient information to justify it.
California family law attorney Christopher C. Melcher, who is not involved in the case, told PEOPLE that such an order ‘is not a determination on the merits’, but a temporary measure imposed until the court can hold a fuller hearing and make findings after considering both sides.
In her latest application, Berry has also raised concerns of her own about the co-parenting relationship, alleging that Maceo often returns from his father’s home 'angry' with her and has accused Martinez of undermining their relationship.
Berry also says their son is neurodivergent and alleged that Martinez refused to seek additional support or help for Maceo, instead saying the child is 'old enough' to make his own decisions.
The documents say that Martinez's alleged 'refusal to allow early interventions have caused Maceo to fall further behind in school, caused Maceo’s acting out behaviours to worsen, and caused further damage' to their relationship.
“It took Maceo 2-3 days to acclimate to being at home and when he would go back to Olivier, the cycle would start all over again," the filing claims.
Martinez has separately characterised the relationship between Berry and their son as 'contentious'.
He alleged this wasn’t the first reported incident either, claiming ‘other incidents involve additional physical attacks against our son, as well as verbal and emotional abuse from Petitioner to me,’ according to PEOPLE.
Berry and Martinez married in 2013 and filed for divorce in 2015, which was finalised in 2023, when they agreed to joint legal custody of their son.
Following the divorce, Berry agreed to pay Martinez $8,000 a month in child support.
There was also an additional agreement that she would pay him ‘4.3% of any income she receives above $2,000,000’.
The court dispute is continuing, with a further hearing regarding the restraining order scheduled for October 16.
Topics: Celebrity, Domestic Abuse, Halle Berry, Parenting, Entertainment
Jen Thomas