Halle Berry Faces New Custody Claims as Son Seeks to Testify

A contentious custody dispute involving actress Halle Berry and her ex-husband Olivier Martinez has intensified after Martinez said their 13-year-old son, Maceo, wants to address a judge about an alleged physical altercation at Berry's home on September 26, 2026. Court filings also contain conflicting accounts of the incident and statements supporting both parents' positions.

According to documents reported by TMZ on October 12, Martinez claims Maceo photographed Berry after the alleged confrontation because he feared his complaints about physical abuse would not be believed. Martinez is seeking further court intervention and argues that his son should have an opportunity to explain his experiences and custody preferences directly to the judge.

The dispute follows Martinez's request for a temporary restraining order. He alleges that Maceo told him Berry had choked him during an argument about playing a virtual reality game. Berry has denied the abuse allegation, maintaining that the incident involved roughhousing.

Martinez also challenged Berry's October 5 emergency court filing, describing it as "retaliatory" and disputing her account of disagreements over their son's medical care. He says Maceo's pediatrician and psychiatrist determined on September 21 that medication was not appropriate at that time, and alleges Berry acknowledged that decision in writing before presenting what he called a "false narrative" to the court and the public.

Berry's legal team has disputed Martinez's account of the September incident. In a filing reported by E! News on October 8, her attorneys stated:

"Olivier’s account of the events of September 26, 2026, [...] is contradicted by video evidence, witness testimony, documentary evidence, and the parties’ subsequent conduct."

Berry's 18-year-old daughter, Nahla Aubry, also submitted a declaration supporting her mother. Nahla, whose father is Berry's former boyfriend Gabriel Aubry, described Berry as a caring parent who sets boundaries while remaining involved in her children's lives.

"My mom is a loving and devoted parent," Nahla wrote in her declaration. "She can be strict when necessary and expects her children to follow rules and be respectful. At the same time, she is warm, supportive, and deeply involved in our lives."

Nahla said Berry consistently made time for her despite professional commitments and maintained similar involvement in Maceo's activities and education.

"I have watched her do the same for Maceo."

She elaborated on Berry's involvement in her brother's life:

"She attended his games, drove him to practices and tournaments, and advocated for his education and access to medical treatment and therapy. She celebrates our successes, supports us through challenges, and is always there when we need her."

Nahla also addressed Martinez's allegation that Berry caused "emotional and mental distress due to physical abuse". She said her own experiences living with Berry did not support the accusations against her mother.

"In all my years living with my mom, I have never witnessed her act violently toward anyone."

She further denied witnessing physical attacks or objects being thrown at anyone in the household.

"I have also never seen my mom throw anything at anyone, not a knife, or plate, or any other object. I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way."

Nahla acknowledged that Berry and Maceo sometimes engaged in playful physical interactions, but said she had never seen behavior resembling the alleged choking incident.

"playfully wrestle, tickle each other, and roll around laughing on the floor or on a bed many times. I have never seen my mom place her hands around Maceo's neck, put him in a chokehold, restrict his breathing, or engage in any conduct remotely resembling the allegations that have been made against her."

She added that these interactions had not appeared distressing to her brother.

"I have never seen Maceo hurt, upset, cry or do anything but laugh after his and my mom’s playful wrestling."

Martinez's court filing describes a different account of the September 26 incident. He alleges that Maceo called him asking to be picked up after an altercation with Berry.

"had physically attacked him and choked him."

Martinez also described what he says he heard during the phone call with his son.

"While on the phone with our son, I heard him panicking,"

He continued describing the call:

"and heard [Berry] still yelling at him in the background."

Berry's attorney, Marina Beck, criticized Martinez's allegations in a statement to E! News, portraying the filing as consistent with what she described as his past conduct.

"In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior,”

Beck also defended Berry's response to the dispute.

"Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez."

She acknowledged that the allegations had affected Berry while emphasizing her client's commitment to their son.

"While she is deeply saddened,"

Beck continued that Berry intended to remain focused on Maceo's welfare.

Berry "will not allow it to deter her from fighting for [her son’s] best interests and providing him with the love and support he needs."

Martinez is seeking sole custody, according to the court filings described by E! News. Berry has also completed a court-mandated parenting program, according to TMZ. The former couple was scheduled to return to court on Friday, October 16, following the latest filings.