Halle Berry is seeking to regain 50/50 custody of her son Maceo while strongly denying allegations from her ex-husband, Olivier Martinez, that she physically abused their child.
“I have never physically, emotionally, or otherwise abused Maceo,” Berry stated in a declaration filed Monday, Oct. 5, according to People. “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.”
The filing follows Martinez’s request for sole custody of Maceo, along with allegations that Berry attacked their son during a Sept. 26 confrontation. A judge granted Martinez a temporary restraining order on Oct. 1 and adjusted Berry’s parenting time, but stopped short of completely preventing Berry from having contact with Maceo.
The court also denied Martinez’s request for sobriety monitoring, citing “insufficient information.”
Berry is now asking the court to restore the 50/50 custody arrangement established in 2023, along with her previous tie-breaking authority over certain decisions involving Maceo.
Martinez alleged that Berry confronted Maceo while the then-12-year-old was wearing a virtual reality headset before putting him in a headlock and choking him. Berry disputes those claims, saying she provided video evidence that “directly contradicts” his account.
According to Berry, she went into Maceo’s room to tell him to stop gaming and began recording after he continued. She said the two then began “playfully roughhousing,” which she described as something they regularly do, before Maceo suddenly became upset and allegedly pushed her.
Berry said Maceo pushed her again when she tried to take away his headset, prompting her fiancé, Van Hunt, to step in between them. She denied placing her hands around Maceo’s neck, restricting his breathing or telling him to “tap out.” Berry also addressed text messages she sent to Martinez after the confrontation in which she said she felt “terrible.”
“My text messages to Olivier reflect my distress after Maceo became physically aggressive toward me, not any physical conduct by me toward Maceo,” Berry wrote. She explained that she was upset their evening had ended in conflict and that Maceo was able to spend the remainder of the weekend with Martinez.
Several days after the temporary order was issued, Berry was spotted with Hunt watching Maceo play indoor soccer during one of her approved daytime visits. Maceo turned 13 on Monday, October 5.
The latest legal dispute adds to the already contentious co-parenting history between Berry and Martinez. Their divorce was finalized in 2023, with the former couple receiving joint legal custody and Berry ordered to pay $8,000 per month in child support, along with additional support based on her income. They later entered co-parenting therapy in an effort to work through their disagreements.
Berry has also accused Martinez of interfering with her relationship with Maceo, claiming their son sometimes returns from his father’s home “angry and combative.”
She has maintained that disagreements surrounding Maceo’s education, therapy and other needs have made their existing custody arrangement increasingly challenging.
Martinez, meanwhile, has asked the court to deny Berry’s request to reinstate 50/50 custody.
