Halle Berry, Olivier Martinez’s son allowed to testify in custody and restraining-order dispute

Olivier Martinez alleged Halle Berry attacked their son during an argument while he played a virtual reality game at her home on September 26
Halle Berry and her ex-husband Olivier Martinez are facing a new development in their ongoing custody battle involving their 13-year-old son, Maceo (Getty Images)
Halle Berry and her ex-husband Olivier Martinez are facing a new development in their ongoing custody battle involving their 13-year-old son, Maceo (Getty Images)

LOS ANGELES, CALIFORNIA: Halle Berry and Olivier Martinez are facing maybe one of the most difficult chapters in their co-parenting journey, with their son caught up in a legal dispute between the former couple. 

The 'Monster’s Ball' actress and the French actor, who were married from 2013 to 2016, have faced a custody battle in recent weeks. Now, a new court development has added another layer to the already sensitive situation involving their 13-year-old son, Maceo.

Halle Berry attends the 2025 opening Dinner during of the 78th annual Cannes Film Festival at on May 13, 2025 in Cannes, France. (Photo by Stephane Cardinale - Corbis/Corbis via Getty Images)
Halle Berry attends the 2025 opening Dinner during of the 78th annual Cannes Film Festival at on May 13, 2025 in Cannes, France (Photo by Stephane Cardinale - Corbis/Corbis via Getty Images)

Halle Berry’s son Maceo allowed to testify in custody dispute with Olivier Martinez

According to court documents TMZ obtained, Maceo will be allowed to testify, but his testimony will be limited to the restraining order Martinez filed against Berry. The dispute began after an alleged incident at Berry’s home on September 26.

Martinez claimed that the actress attacked their son during an argument while he was playing a virtual reality game. He alleged that Berry jumped on Maceo. Berry has denied the allegations, maintaining that she did not hurt her son.

Martinez is seeking sole custody of Maceo and a restraining order against Berry. He has argued that their son wants to tell the judge what happened and share his views about the custody arrangement.

WEST HOLLYWOOD, CA - SEPTEMBER 24:  Halle Berry and Olivier Martinez attend the 'Cybergeddon' Los Angeles premiere at Pacfic Design Center on September 24, 2012 in West Hollywood, California.  (Photo by Tibrina Hobson/WireImage)
Halle Berry and Olivier Martinez attend the 'Cybergeddon' Los Angeles premiere at Pacfic Design Center on September 24, 2012 in West Hollywood, California (Tibrina Hobson/WireImage)

The latest decision marks a significant development in the former couple’s ongoing legal battle. While Maceo has now been allowed to testify on the restraining-order request, the custody dispute between Berry and Martinez remains unresolved.

The former couple, who married in 2013 and divorced in 2016, have continued to co-parent amid the legal conflict.

Halle Berry raises concerns about son Maceo being caught in parents’ legal battle

Berry has also expressed concerns about the impact of the custody dispute on her relationship with Maceo. In her court response, she claimed that the dynamic between the former couple had left her in the role of the stricter parent, while Martinez was seen as more relaxed.

Berry shared, “Van Hunt (“Van”) was physically present during the incident and is the only adult third-party eyewitness to the events at issue." “Nahla Aubry has lived with Halle and Maceo for virtually Maceo’s entire life and is uniquely situated to observe their relationship, family dynamics, and Halle’s parenting over many years.”

Berry continued, “Rather than welcome testimony from these witnesses with direct personal knowledge, Olivier dismisses their observations while elevating the testimony of a neurodivergent thirteen-year-old child who has spent the last two weeks primarily in Olivier’s care and with whom Olivier admittedly has been discussing the allegations, the litigation, and his anticipated testimony.”

CANNES, FRANCE - MAY 24: Halle Berry attends the closing ceremony red carpet at the 78th annual Cannes Film Festival at Palais des Festivals on May 24, 2025 in Cannes, France. (Photo by Kristy Sparow/Getty Images)
Halle Berry attends the closing ceremony red carpet at the 78th annual Cannes Film Festival at Palais des Festivals on May 24, 2025 in Cannes, France (Kristy Sparow/Getty Images)

“Under these circumstances, the Court should be particularly cautious before placing substantial weight on testimony from a coached child who has been repeatedly discussing the case with the parent seeking relief while discounting the testimony of adult witnesses with direct personal knowledge of the relevant events,” she said.

In a statement, Martinez's lawyer, Patrick Baghdaserians, wrote, “We vehemently deny such allegations. We are not surprised that the opposing party does not want the child Maceo to testify. The opposing party is seemingly scared of what the child will say.”

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