Halle Berry seeks to restore 50/50 custody, says son returns from ex Olivier Martinez’s home ‘angry’

Olivier Martinez has accused Halle Berry of physically attacking their 12-year-old son, Maceo, and is seeking sole custody
Olivier Martinez has filed a response asking the court to deny Halle Berry’s request, alleging there is a risk of 'immediate danger' to their son, Maceo, after she allegedly physically attacked him (Getty Images)
Olivier Martinez has filed a response asking the court to deny Halle Berry’s request, alleging there is a risk of 'immediate danger' to their son, Maceo, after she allegedly physically attacked him (Getty Images)

LOS ANGELES, CALIFORNIA: Halle Berry is asking a court to reinstate her former custody agreement with former husband Olivier Martinez for their 12-year-old son, Maceo, according to recent court documents.

Berry wants the former 50/50 custody arrangement restored and has also asked to regain tie-breaking authority. She has further requested that Martinez be required to attend their court-ordered therapy sessions.

CANNES, FRANCE - MAY 13: 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 Lionel Hahn/Getty Images)
Halle Berry attends the 2025 opening dinner of the 78th annual Cannes Film Festival on May 13, 2025, in Cannes, France (Lionel Hahn/Getty Images)

Halle Berry raises concerns over Maceo’s relationship with Olivier Martinez

Berry has not directly addressed Martinez’s recent allegations that she physically attacked their son. However, she claimed that Martinez’s anger toward her and attempts to align Maceo with him have affected her disagreements with their son.

The actress further alleged that Maceo can become “angry and combative” after returning from time with Martinez, particularly after longer periods with his father. She claimed it could take two to three days for Maceo to adjust after returning home, before the cycle began again when he went back to Martinez.

According to Berry, Maceo has also repeated private disputes between his parents and taken Martinez’s side. She said that in disagreements involving soccer, school or therapy, Maceo sometimes knew about the issue before she and Martinez had reached a decision and would tell her what he and Martinez planned to do without her input.

CAP D'ANTIBES, FRANCE - MAY 25:  Olivier Martinez arrives at the amfAR Gala Cannes 2017 at Hotel du Cap-Eden-Roc on May 25, 2017 in Cap d'Antibes, France.  (Photo by Toni Anne Barson/FilmMagic)
Olivier Martinez arrives at the amfAR Gala Cannes 2017 at Hotel du Cap-Eden-Roc on May 25, 2017, in Cap d'Antibes, France (Toni Anne Barson/FilmMagic)

The 'Catwoman' star also claimed that Martinez’s lack of cooperation with Maceo’s psychological and educational needs has harmed his welfare. She said his refusal to allow early interventions caused Maceo to fall further behind in school.

Berry also claimed Martinez told her Maceo was “old enough” to make his own decisions. She wrote that while she encourages open dialogue with her son, she does not believe a 12-year-old should decide matters involving education, health, extracurricular activities and general welfare. 

BEVERLY HILLS, CA - OCTOBER 05: (L to R) Actors Halle Berry and Olivier Martinez arrive at Variety's 4th Annual Power of Women Event Presented by Lifetime at the Beverly Wilshire Four Seasons Hotel on October 5, 2012 in Beverly Hills, California. (Photo by Alberto E. Rodriguez/WireImage)
Halle Berry and Olivier Martinez arrive at Variety's 4th Annual Power of Women Event Presented by Lifetime at the Beverly Wilshire Four Seasons Hotel on October 5, 2012, in Beverly Hills, California (Alberto E. Rodriguez/WireImage)

Olivier Martinez seeks sole custody of son Maceo

Berry also claimed Martinez has refused to accept her relationship with fiance Van Hunt and would not allow Maceo to participate in family therapy with them. She alleged Martinez had attempted to influence Maceo’s teachers and therapist by communicating false stories about her relationship with their son.

Martinez has filed a response asking the court to deny Berry’s request. He stated that a temporary restraining order is currently in place against her and alleged there is a risk of “immediate danger” to Maceo.

Martinez alleged Berry physically attacked Maceo while he was playing a game using a virtual reality headset. He said Maceo texted him asking him to pick him up and claimed the September 26 incident was not the first instance.

LOS ANGELES, CA - SEPTEMBER 23: Halle Berry is seen on September 23, 2024 in Los Angeles, California.  (Photo by PG/Bauer-Griffin/GC Images)
Halle Berry is seen on September 23, 2024, in Los Angeles, California (PG/Bauer-Griffin/GC Images)

Martinez requested sole custody, a no-contact order covering Berry and Maceo, and restrictions preventing Berry from being under the influence around their son. He also requested sobriety testing during visitation.

A Los Angeles County judge granted Martinez’s temporary restraining order on October 1. The order continued partial custody to maintain communication between Berry and Maceo but denied sobriety monitoring, citing “insufficient information.”

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