Halle Berry is continuing to push back against what she describes as her ex-husband Olivier Martinez’s “outrageous, false, and misleading” abuse claims in his recent petition seeking sole custody of their son, Maceo. As previously reported, the legal dispute escalated after Martinez accused the Hollywood actress of being violent toward their 13-year-old son during an alleged Sept. 26 incident. He claimed Berry “physically abused” Maceo and alleged there had been “other instances of abuse” in recent years, according to court documents obtained by US Magazine and PEOPLE.
Halle Berry responds to Olivier Martinez’s custody petition.
However, Berry strongly denied the accusations. In a declaration filed Oct. 5 and obtained by PEOPLE, the Oscar-winning actress stated:
“I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.” She continued, “I am not a perpetrator of violence. I would never hurt our child.”
Martinez, 60, filed for sole custody last week, claiming that Berry, 60, “physically abused” their son during the Sept. 26 incident at Berry’s home. According to a legal filing in Los Angeles Superior Court obtained by US Magazine, Martinez’s attorneys claimed Maceo called his father and asked to be picked up after allegedly being “physically attacked” and “choked” by his mother during an argument.
Martinez alleged that Berry became upset with Maceo while he was playing a virtual reality game. According to his account, she allegedly put their son in a headlock and choked him.
He further claimed that the incident left Maceo “traumatized” and that the boy did “not want to spend time” at his mother’s home. Martinez also alleged that Berry had previously placed Maceo in “choke holds” while practicing “mixed martial arts.”
Halle Berry vehemently denied the claims. See what she had to say after the flip!
Here’s Halle Berry’s side of the story.
Source: ANGELA WEISS/AFP via Getty Images / Getty
Berry has rejected those allegations and submitted video evidence that she says “directly contradicts” Martinez’s version of events. She also provided messages exchanged between the former couple.
“My text messages to Olivier reflect my distress after Maceo became physically aggressive toward me, not any physical conduct by me toward Maceo,” she wrote.
According to Berry’s account, she went into her son’s room to tell him that it was time to stop playing his game. She said she began recording him after he continued gaming, at which point Maceo noticed the phone and grabbed it from her.
She denied ever putting her hands around her son’s neck or restricting his breathing.
“As we frequently do, Maceo and I then began playfully roughhousing. I put my arms around his waist, in an attempt to get my phone back and we engaged in the same type of playful wrestling that has occurred countless times before without incident. Given Maceo’s neurodivergence issues, he is quite active and really likes this kind of wrestle play, which he often initiates,” she wrote in a court declaration. “As we played, I never place[d] my hands around Maceo’s neck, I never choked him, never restrained his breathing, never told him to tap out, or yell, ‘Who is dominant now?’ as Olivier, who was not there, falsely claims. After the playfulness ended, Maceo unexpectedly became upset and aggressively pushed me, which he had never done before.”
Berry also accused Martinez of “quietly prepar[ing] in the shadows for a no-notice application” rather than “communicate concerns, seek cooperation, or pursue a transparent resolution.”
The actress has previously spoken about experiencing domestic violence during her childhood and in a past adult relationship, although she has not publicly identified the individuals involved.
As previously reported, the custody dispute took another turn on Oct. 1, when Martinez was granted a temporary restraining order against Berry. The order temporarily modified the former couple’s custody arrangement.
According to US Magazine, Martinez also sought to temporarily replace their existing 50-50 custody agreement with a “no contact order” that would prevent Berry from communicating with Maceo until a court hearing could take place.
Berry subsequently asked the court to reinstate their 50/50 custody arrangement, which had been established in August 2023 when their divorce was finalized. She also asked the court to overturn Martinez’s restraining order, claiming it prevented her from communicating with Maceo on Monday, Oct. 5 — his 13th birthday.
On Oct. 6, attorneys representing Berry wrote in court documents that the actress has “unwavering love for her son” and remains focused on seeking justice.
“This case is not about domestic violence. This is a case about a mother’s unwavering love for her son, her relentless fight for his success, and her continued efforts to implement critical interventions for his well-being over the constant interference and obstruction of a father unable to separate his own self-serving interests from the best interests of the minor child,” her lawyers wrote, according to documents obtained by US Magazine.
Berry’s legal team also argued that Martinez was once again diverting attention away from what they described as Maceo’s needs.
“Rather than focus on Maceo’s urgent needs, Olivier has once again resorted to allegations that divert attention away from the very interventions the Court previously found he was obstructing after which Olivier was sanctioned.”
Her attorneys further described the restraining order as “outrageous, false, and misleading,” claiming that it prevented Berry “from calling, texting, or otherwise contacting Maceo to wish him a ‘Happy Birthday’” unless she saw him in person.
Her legal team added:
“The harm resulting from these orders extends well beyond a missed birthday. Halle is fighting to preserve her relationship with Maceo at a critical juncture in his development,” her attorneys insisted. “Every day that these restrictions remain in place increases the risk of irreparable damage to that relationship and reinforces the false narrative that Halle did something wrong – which she did not as confirmed by video evidence and witness accounts.”
Halle Berry was spotted out with Maceo on Oct. 4.
Hope does appear to be on the horizon for the actress. Amid the ongoing legal battle, Berry was reportedly seen spending time with Maceo and her partner, Van Hunt, during what appeared to be a family outing. On Oct. 4, Berry and Hunt reportedly took Maceo to Sky Zone in Los Angeles, according to photos obtained by Page Six. Maceo was photographed walking closely alongside his mother during the outing.
The family was also accompanied by some of the teenager’s friends and reportedly stopped at Best Buy while spending time together.
With both parents presenting sharply different accounts of what happened on Sept. 26, the custody dispute remains ongoing, and the court will ultimately have to weigh the allegations and evidence presented by both sides.
What do you think about Halle Berry and Olivier Martinez’s custody battle? Share your thoughts below.
