Halle Berry has formally challenged her ex-husband Olivier Martinez’s allegations of child abuse, arguing that a photograph of her taken by their 13-year-old son, Maceo, fails to support his claims. In a court declaration filed on Tuesday, October 13, Berry disputed Martinez’s account of an alleged September 26 incident and firmly opposed his ongoing request for their son to testify in their highly contentious custody dispute.
The latest legal filings stem from Martinez’s October 1 request for sole custody of Maceo. In his initial filings, 60-year-old Martinez accused Berry, also 60, of physical abuse during the late September incident, alongside allegations of prior abusive behavior over recent years. Berry has aggressively denied these accusations, maintaining that she is a survivor of domestic violence herself and would never harm her child.
The Contested Evidence and Photographs
In a court submission filed on Monday, October 12, Martinez argued that a photograph captured by Maceo supported his version of the events. According to those documents, Martinez claimed Maceo snapped the picture immediately after the altercation because he had allegedly been “roughed up” previously and felt that “no one believed him.”
Berry’s legal team offered a radically different interpretation of the image in subsequent filings. Rather than serving as proof of wrongdoing, Berry stated that the picture depicts her standing calmly with her hands in her pockets, several feet away from Maceo. Her legal representatives asserted that the photograph merely proves a picture was taken and does not corroborate any abuse, injury, or immediate danger.
, Berry pointed out a total lack of physical evidence supporting Martinez’s claims. In her court declarations, she noted the absence of medical records, emergency room visits, urgent-care evaluations, police reports, or observations from teachers, counselors, or mandated reporters noting any marks, bruising, swelling, or injuries consistent with the allegations.
Disputing the Timeline and Request for Child Testimony
The custody conflict escalated quickly after a Los Angeles County judge granted Martinez a temporary restraining order and temporarily modified the former couple’s previous 50-50 custody agreement. The temporary order restricted Berry’s parenting time to specified daytime visits on Mondays and Tuesdays and designated weekend periods, while denying Martinez’s request for mandatory sobriety monitoring and a complete ban on contact.
Martinez also asked the court to allow 13-year-old Maceo to speak directly with the judge to provide his side of the story. Berry strongly opposed this request, arguing that involving the child in the courtroom would force him to choose sides in an emotionally draining conflict without adequate therapeutic support.
Family law experts and attorneys involved in the case have presented starkly contrasting views on the matter. Patrick Baghdaserians, attorney for Martinez, maintained that the child is the primary victim and deserves to have his voice heard regarding the alleged abuse. Conversely, Berry and her legal team have maintained throughout the proceedings that the claims are meritless and misleading, and that the child has been heavily influenced and coached by his father.
Broader Family Dynamics and Support
As the legal battle intensified ahead of an upcoming October 16 court hearing, other members of Berry’s family stepped forward. Nahla Aubry, Berry’s 18-year-old daughter whom she shares with ex Gabriel Aubry, filed a declaration defending her mother. Nahla stated unequivocally that she had never witnessed Berry hit, slap, choke, grab, or physically abuse Maceo in any capacity.
The ongoing legal friction marks a severe breakdown in the co-parenting relationship following their 2023 divorce settlement, which originally established joint custody and shared decision-making authority over schooling, medical care, and counseling. As both legal teams prepare for the next judicial review, the core focus remains on whether the temporary restrictions will be lifted and how the court will navigate the competing claims of child welfare, parental influence, and custody rights.
Frequently Asked Questions
What initiated the latest custody dispute between Halle Berry and Olivier Martinez?
The latest escalation began after an alleged altercation on September 26. Olivier Martinez filed for sole custody and a temporary restraining order on October 1, accusing Halle Berry of physical abuse toward their 13-year-old son, Maceo.
What does Halle Berry say actually happened on September 26?
Berry described the incident as playful roughhousing that escalated after she entered Maceo’s room to tell him to stop playing a video game. She denied putting her hands around his neck or choking him, stating that Martinez’s claims are entirely false and manufactured.
Did the court grant Olivier Martinez sole custody?
No. A judge granted a temporary restraining order and modified visitation rights to limited daytime and weekend periods ahead of an October 16 hearing, but did not award sole custody or completely cut off Berry’s contact with Maceo.
Why does Halle Berry oppose Maceo testifying in court?
Berry’s legal team argued that requiring a 13-year-old child to testify would place him at the center of an emotionally charged dispute, forcing him to choose sides without proper therapeutic support or intervention.
Have any other family members spoken out about the allegations?
Yes. Halle Berry’s 18-year-old daughter, Nahla Aubry, filed a declaration defending her mother, stating that she has never witnessed any form of physical abuse toward Maceo.
