Halle Berry asks court for 50/50 custody with Olivier Martinez

Halle Berry has filed a series of requests in her ongoing custody dispute with ex-husband Olivier Martinez over their 13-year-old son, Maceo. In Monday’s legal filings, Berry also described herself as a domestic violence victim while denying allegations that she had physically abused their child.

In a filing reviewed by Our News Outlet and submitted to Los Angeles Superior Court, Berry, 60, asked the judge to restore the shared-custody arrangement she and Martinez, also 60, had in place in 2023.

The Oscar-winning actress also asked to be given tie-breaking authority on parenting decisions and requested that Martinez participate in court-ordered therapy sessions.

Berry’s latest court filings came days after Martinez secured a temporary domestic violence restraining order against her. The order was based on his allegation that Berry had abused their son during an incident on September 26. Berry has denied the allegations.

In an ex parte application filed Monday, Berry said she is “a victim of domestic violence” who advocates for other victims.

Our News Outlet has contacted legal representatives for both Berry and Martinez for additional comment.

Halle Berry, 60, made a series of requests in her ongoing custody battle with ex-husband Olivier Martinez over their 13-year-old son Maceo in a series of legal filings she made Monday. Pictured in NYC last month

Halle Berry, 60, has made a series of requests in her ongoing custody battle with ex-husband Olivier Martinez over their 13-year-old son, Maceo. She is pictured in New York City last month.

“I have never physically, emotionally, or otherwise abused Maceo,” Berry wrote in the filing. “I am a victim of domestic violence, and I help victims of domestic violence. I am not a perpetrator of violence. I would never hurt our child.”

In her Monday request, Berry detailed several concerns about “Olivier’s conduct” and its impact on their ability to co-parent effectively.

She alleged that Martinez had “continued” making “unilateral” decisions about “Maceo’s education and extracurricular activities” without her “prior knowledge and consent.”

Berry further claimed that Martinez “consistently places Maceo… in the middle of our conflict” and disrupts their therapeutic work.

According to Berry’s filing, their son would “act out” and become “angry and combative” after spending time with his father.

“He would talk back to me, be untruthful, and do sneaky things (last year, I caught Maceo reading my text messages while on FaceTime with Olivier),” she alleged. “It took Maceo 2-3 days to acclimate to being at home and when he would go back to Olivier, the cycle would start all over again.”

The actress also alleged that Martinez had attempted to “align Maceo with him and against me in many areas of our child’s life and activities.” She said this left Maceo angry with her over private matters she and Martinez were discussing.

Berry claimed that Maceo would repeat private disagreements between his parents and take Martinez’s side in their disputes.

“If the dispute related to a decision regarding Maceo (for example, about soccer, school, or therapy), Maceo knew about it before Olivier and I reached a decision with respect to a particular issue and would tell me what he and Olivier are going to do (without my input) completely disregarding my authority as his mother,” Berry wrote.

Berry and Martinez pictured at a film screening in LA in October 2012

Berry and Martinez are pictured at a film screening in Los Angeles in October 2012.

The former pair seen in 2012 in LA at an event

The former couple was seen at a Los Angeles event in 2012.

Berry also told the court that Martinez had refused to take necessary steps to secure “educational and psychoeducational services” for their son. She alleged that he used “Maceo’s soccer activities… for negotiating terms impacting Maceo’s educational and therapeutic needs.”

Berry claimed that Martinez had attempted to portray her as “a risk to our child by communicating false stories” to Maceo’s teachers and therapists.

Berry told the court in the request that Martinez’s ‘actions and lack of cooperation with respect to Maceo’s psychological and educational needs have been detrimental to Maceo’s health and welfare.’

The actress said in the legal filing that Martinez’s refusal ‘to allow early interventions have caused Maceo to fall further behind in school, caused Maceo’s acting out behaviors to worsen, and caused further damage to’ her relationship with her son.

‘Olivier told me that Maceo is old enough to make decisions for himself and that I should allow Maceo to do so to keep him happy so that he would be nicer to me,’ Berry told the court in the request. ‘While I am attuned to Maceo’s thoughts and feelings and encourage an open dialogue, I do not agree that a [child] should be permitted to make decisions regarding his education, health, extracurricular activities, and general welfare.’

Berry claimed in the legal request that time and legal intervention ‘has not improved’ Martinez’s actions related to the issues at hand.

Berry said in the legal request that Martinez has refused to accept her relationship with fiancé Van Hunt, who she claimed ‘plays an important role in Maceo’s life.’

Berry said in the request, ‘Olivier’s lack of acceptance of Van has resulted in Olivier refusing to permit Maceo to work in a family therapy setting with me and Van as a means to continue to create a healthy environment for our son within the structure of a blended family.’ 

Berry told the court in the request that Martinez's 'actions and lack of cooperation with respect to Maceo’s psychological and educational needs have been detrimental to Maceo’s health and welfare.' Pictured September 22 in NYC

Berry told the court in the request that Martinez’s ‘actions and lack of cooperation with respect to Maceo’s psychological and educational needs have been detrimental to Maceo’s health and welfare.’ Pictured September 22 in NYC 

In a responsive declaration reviewed by Our News Outlet, Martinez requested the court decline the requests made by Berry. Pictured 2014 in LA

In a responsive declaration reviewed by Our News Outlet, Martinez requested the court decline the requests made by Berry. Pictured 2014 in LA 

Join the discussion

How should separated parents navigate co-parenting when accusations and trust issues are this intense?

In a responsive declaration reviewed by Our News Outlet, Martinez requested the court decline the requests made by Berry.

He cited the temporary restraining order he filed against her after claiming to the court that she had been physically abusive to Maceo.

Martinez said in the declaration that Berry had not taken the proper protocols in filing her requests in a bid to control the public narrative.

A source claimed to Our News Outlet on October 2 that there was searing tension between the exes amid their legal battle over their son. 

‘Olivier and Halle hate each other,’ the source claimed. ‘If they were asked to say something nice about each other, you probably would not be able to force them into saying anything pleasant because they dislike each other so much.’

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