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Halle Berry Faces Custody Fight After Ex Husband Files Claims

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Halle Berry is defending herself after ex-husband Olivier Martinez sought sole custody of their 13-year-old son Maceo and a restraining order in Los Angeles Superior Court, alleging abuse during a Sept. 26 incident. Berry denies the claims, while her 18-year-old daughter Nahla Aubry filed a declaration supporting her mother.

According to court records cited by USA TODAY, Yahoo and CBC News, Martinez filed for custody changes on Oct. 1 and alleged Berry had physically harmed Maceo. A judge granted a temporary restraining order that limited Berry's parenting time before the scheduled Oct. 16 hearing.

Martinez also alleged there had been previous incidents and requested additional court restrictions. CBC News reported that the judge denied his request for sobriety monitoring, citing insufficient information.

Nahla Aubry, Berry's daughter with former partner Gabriel Aubry, submitted a declaration on Oct. 3 describing her experience living with her mother and Maceo.

"I was shocked, very sad, and very upset when I learned about Olivier's allegations against my mom," Aubry wrote in her declaration.

Aubry said the allegations did not match the relationship she had observed between Berry and her younger brother. She described Berry as a parent who set boundaries while remaining involved in her children's lives.

"Having lived with my mom my entire life and having personally observed her relationship with Maceo for years, the allegations are completely inconsistent with the mom I know," Aubry wrote.

Aubry also stated that she had never witnessed Berry act violently toward Maceo or anyone else.

"I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way," Aubry wrote.

Berry submitted her own court declaration denying the allegations and said she wanted the previous 50-50 custody arrangement restored. According to CBC News, Berry described the Sept. 26 event as playful roughhousing that escalated into an argument.

"I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence," Berry wrote in her declaration.

Berry's attorney Marina Beck called Martinez's filing misleading and without merit in a statement provided to USA TODAY. Martinez's attorney said he was motivated by concerns for the child's safety.

The former couple married in 2013, separated three years later and finalized their divorce in 2023 with a joint custody arrangement. The court is expected to review the temporary restrictions during the Oct. 16 hearing.

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