A Los Angeles judge has authorized 13-year-old Maceo, the son of actress Halle Berry and ex-husband Olivier Martinez, to testify in their ongoing custody and domestic violence restraining order dispute. Los Angeles Superior Court Judge Shelley Kaufman issued the ruling, which sets strict parameters around the teenager’s appearance in court.
According to court documents, Maceo’s testimony will be strictly limited to addressing Martinez’s request for a restraining order. Judge Kaufman mandated that the proceedings take place inside a closed courtroom, with attendance restricted exclusively to the legal parties, their respective attorneys, and essential court personnel. The judge also explicitly ordered that the minor child must not be coached.
Background of the Custody Dispute and Abuse Allegations
The legal conflict escalated significantly after Olivier Martinez, 60, filed for a domestic violence restraining order on October 1. In his court filings, Martinez alleged that Berry physically assaulted Maceo during an argument at her home on September 26, which he claimed occurred while the teenager was playing a virtual reality video game. Martinez is seeking sole legal and physical custody of their son, alongside restrictions preventing Berry from approaching him.
In response to the temporary restraining order granted on October 1, the family’s custody arrangement was temporarily modified, limiting Berry’s parenting time to court-ordered visitation. Berry has actively sought to restore their previous 50/50 shared custody arrangement.
Halle Berry Denies Allegations and Opposes Son’s Testimony
Halle Berry has strongly denied all allegations of abuse. In a sworn declaration, 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. I am not a perpetrator of violence. I would never hurt our child.”
Berry’s legal team opposed Maceo taking the stand, arguing that the teenager may have a personal interest in minimizing his own conduct and that his perspective could be influenced by long-standing tensions between his parents. Berry also raised concerns that Martinez had discussed the ongoing litigation with Maceo while the boy was staying primarily with his father.
Conversely, Martinez maintained that allowing his son to address the court is vital. “Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court at this time,” Martinez stated in documents submitted to the court. “He should have the opportunity to have his voice heard regarding what he experienced that night.”
Supporting Declarations and Broader Legal History
The legal proceedings have also brought statements from other family members into the record. Berry’s 18-year-old daughter, Nahla Aubry, whom Berry shares with former partner Gabriel Aubry, submitted a declaration supporting her mother. Nahla described Berry as a supportive parent and stated she had never witnessed her behaving violently. However, Martinez challenged Nahla’s involvement, arguing that her statements lacked significant bearing on the current case and that she was unquestionably biased.
The former couple’s legal history spans over a decade. Berry and Martinez married in July 2013, welcomed Maceo that October, and filed for divorce in 2015. Although their divorce was formally finalized in August 2023 with a joint custody agreement, parenting disagreements and legal motions have persisted through subsequent months.
The upcoming court hearing will focus primarily on the request for a restraining order. Neither the underlying abuse allegations nor the broader, long-term custody issues have been officially resolved or proven by the court.
Frequently Asked Questions About the Case
Who is allowed to attend Maceo’s testimony?
Due to privacy protections for minors, Judge Shelley Kaufman ordered that Maceo will testify in a closed courtroom. Only the parents, their legal counsel, and necessary court personnel are permitted to attend.
What are the limits placed on Maceo’s testimony?
The court ruled that the 13-year-old’s testimony is strictly restricted to matters concerning Olivier Martinez’s request for a domestic violence restraining order.
What did Olivier Martinez allege happened on September 26?
Martinez alleged in court filings that Berry attacked Maceo during a disagreement over a virtual reality video game at her home.
How has Halle Berry responded to the allegations?
Berry has firmly denied all claims of abuse, stating under oath that she has never abused her son and is herself an advocate for victims of domestic violence.
What is the current custody arrangement?
Following a temporary restraining order issued on October 1, Berry’s parenting time was reduced to designated weekday and alternating weekend visits while she seeks to restore their prior 50/50 custody agreement.
