Berrys

MOVE over Brad and Angelina – Hollywood has another bitter custody war on its hands, and this one is about to get even messier, with a 13-year-old boy preparing to give evidence against his own parents.

Oscar-winner Halle Berry and her ex-husband Olivier Martinez are locked in an explosive legal battle over their son Maceo after allegations of physical abuse plunged their already turbulent relationship into fresh crisis.

Today Maceo will appear in court to give evidence in a hearing over a restraining order sought by his dad, who has accused 60-year-old Halle of attacking the teenager during an argument at her home in September.

The judge has ruled that Maceo will testify, despite Halle’s objections, although his evidence is limited to the restraining order request and he will appear in a closed courtroom.

It marks a dramatic new chapter in a custody battle that has dragged on for years since the couple’s disastrous marriage collapsed in 2015 after just two years.

And while French actor Olivier insists his son deserves to have his voice heard, Halle claims the boy has been “coached and manipulated”.

The latest showdown erupted after Olivier, who is also 60, obtained a temporary domestic violence restraining order against Halle this month, accusing her of physically abusing Maceo on September 26 this year.

In the court filings, he alleged she jumped on their son, put her hands around his neck and choked him.

He claimed the row erupted after Halle called Maceo “stupid” over a game involving virtual reality glasses, and that afterwards a “traumatised” Maceo begged Olivier to pick him up.

Halle has vehemently denied the allegations, insisting the pair were “roughhousing”.

She says the incident arose as she tried to enforce boundaries, claiming Maceo had been ­physically aggressive towards her.

In a statement, she said: “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.”

Halle has found a fierce ally in 18-year-old Nahla, her daughter by former partner Gabriel Aubry, who leapt to her mum’s defence in a sworn declaration.

She said: “I have never seen my mom hit, slap, choke, grab or physically abuse Maceo in any way.

“I have never seen my mom place her hands around Maceo’s neck, put him in a choke hold, restrict his breathing or engage in any conduct remotely resembling the allegations that have been made against her.”

Nahla described Halle as a “loving and devoted parent”.

It is a far cry from how it all began.

Halle and Olivier met in 2010 in South Africa on the set of the horror film Dark Tide, shortly after she had split from French-Canadian model Gabriel.

They got engaged in 2012 and married in France in July 2013, and Halle gave birth to Maceo that October.

For a time they appeared to have found happiness together, with Maceo’s arrival completing the family.

Now Halle’s lawyer Marina Beck has branded the court filing “entirely meritless and deliberately misleading”.

She claimed Olivier had repeatedly violated court orders, “misconduct for which Mr Martinez has already been legally sanctioned”, and alleged he has a ­history of “erratic, possessive and ­violent behaviour”.

Halle also accuses Olivier of ignoring evidence which she says contradicts his version of events, including statements from her now-fiancé Van Hunt, who was present, and what she describes as contemporaneous video evidence.

Her filing reads: “Van Hunt was physically present during the incident and is the only adult third-party eyewitness to the events at issue.”

She argued that Maceo has “a ­personal interest in minimising his own conduct”, claiming he has behaved similarly at school.

Halle told the court that making him testify would place him “directly in the middle of a highly contentious dispute between his parents” and risk harm to his wellbeing.

She added that he has spent the past two weeks mainly in Olivier’s care, discussing the allegations and the litigation.

But Olivier has launched a blistering counter-attack, insisting his son is the real victim.

His lawyer Patrick Baghdaserians said: “We vehemently deny such ­allegations. The child is the primary victim here. Victims of abuse should be able to testify regarding the abuse inflicted upon them.”

He added: “We are not surprised that the opposing party does not want the child Maceo to testify.

“The opposing party is seemingly scared of what the child will say.”

Olivier said Maceo “was concerned that no one will believe him over his mother” and “wants to speak with the court to provide his side of the story”.

He continued in his declaration: “Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court.

“I believe that our son’s testimony will be the key to the Court learning the full truth about the events that occurred on September 26.

“I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice.”

Mr Baghdaserians warned that if their son was stopped from speaking, Olivier “fears that [Maceo] would be dissuaded from reporting problems or potential abuse in the future”.

The team also expected Halle “will try to prevent Maceo from addressing the court directly”.

Los Angeles Superior Court Judge Shelley Kaufman ruled that “the minor child shall not be coached” and reminded both parents that existing orders remain in force, including not discussing custody issues or court papers with him.

But Olivier has hit back by asking the judge to block Nahla from testifying, claiming she is “unquestionably biased” and has “no significant bearing” on the case.

He said it was not appropriate for Halle to “insert her daughter into ­litigation that does not involve her”.

The hearing is set to be an ­agonising showdown for two exes who have been trading blows in court for years over how to raise Maceo.

The marriage was short-lived. The couple’s wedding took place in France on July 13, 2013, but cracks soon began to show.

In January 2015, showbiz news ­service TMZ reported that Olivier had appeared to push a worker at Los Angeles airport with a child car seat as photographers closed in.

He was named a suspect in a battery investigation but no charges followed.

By October 2015 the couple had confirmed their split, saying in a joint statement they were divorcing “with a heavy heart” and wished each other “nothing but happiness in life”.

Yet the bitter legal wrangling ­rumbled on for the best part of a decade, with their divorce not ­finalised until August 2023.

The settlement required Halle to pay £6,000 a month in child support, cover Maceo’s private school tuition and contribute more than £41,500 towards Olivier’s legal fees, with the pair sharing joint custody of Maceo.

But the courtroom clashes did not stop there. In 2024 the pair were back in front of a judge over co- parenting therapy, with Halle accusing Olivier of trying to delay it by taking “the summer off” to travel.

She then sought sole custody, claiming Maceo had “serious behaviour and learning problems” and that Olivier refused to get a tutor because it could interfere with their son’s football schedule.

Olivier disputed the claims. Halle also said she had spent more than £150,000 trying to “work with” her ex, and swiped at him over child support.

“As Olivier has advised this court, he lives off my child ­support,” she wrote.

Now Olivier has filed for sole custody and has been granted primary custody, along with a restraining order barring Halle from coming within 100 yards of him.

She has been given two days a week of court-ordered visitation and every other weekend with Maceo.

She has also completed a court-mandated parenting programme.

For now, the battle lines are firmly drawn, with Halle fighting to protect her reputation and relationship with her son, while Olivier insists Maceo’s account of events must be heard.

And with Maceo due to take the stand today, the latest chapter in one of Hollywood’s most vicious ­custody disputes is set to unfold in a courtroom far removed from the glitz and glamour of the world that the former couple once shared.

The Sun has approached representatives for both Halle and Olivier for comment.

Halle Berry has several loved ones in her corner amid her contentious custody case with ex-husband Olivier Martinez, who accused the Oscar winner of physically abusing their 12-year-old son. Among the actor’s supporters is Nahla Aubry, the 18-year-old daughter Berry has kept largely out of the public eye.

Aubry, whom Berry shares with ex-boyfriend Gabriel Aubry, spoke against her former stepfather Martinez and in support of her mother in a declaration filed Monday in Los Angeles Superior Court. In his request for a restraining order filed last week, Martinez accused Berry of physically abusing their son, Maceo, “putting her hands around his neck, and choking him” during a Sept. 26 incident. Martinez was granted the restraining order and is seeking sole legal and physical custody. Nahla Aubry said in her declaration, obtained by The Times, that Martinez’s allegations left her “shocked, very sad, and very upset.”

“The statements Olivier claims my mom made are wholly inconsistent with the values she has taught me my entire life,” Aubry said. She added elsewhere in her declaration: “I have never witnessed her act violently toward anyone.”

A legal representative for Martinez did not immediately respond on Thursday to The Times’ request for comment.

In her declaration, Aubry spoke about her experiences splitting time between her mother and father’s homes amid their separation and and said her mother “consistently provided me with stability, support, guidance” and that she “never heard” the actor speak negatively about her family or her ex-boyfriend. Aubry said she lived with her brother for most of her life and has “never heard my mom say anything about Olivier” to her brother, contradicting claims Martinez raised in his request for a protective order.

Martinez pointed to an alleged 2023 incident when Berry is accused of telling their son, then 9, that his father is “ ‘a white b— trying to rob a Black woman’ due to child support issues,” according to court documents. She added that Berry has “always” encouraged her children to keep “loving relationships with our fathers.” Aubry also said in her declaration that while Berry can be strict, she is also “warm, supportive and deeply involved in our lives.”

“I have never witnessed her act violently toward anyone, however, I do remember Olivier beating up my father in our driveway when I was little,” she said, referring to a 2012 brawl between Gabriel Aubry and Martinez.

In addition to denying the claims of abuse against her mother, Aubry spoke about her stepbrother’s behavior, writing in his declaration he can be “very impulsive” and “often acts without thinking and then refuses to take responsibility for his actions.” Aubry noted she last spoke to her brother a day after the alleged September incident and that he did not seem upset, and that the current restraining order prohibits her from contacting her brother.

Berry’s fiancé, Van Hunt, and her attorneys also filed declarations in favor of the “Monster’s Ball” actor. Attorney Marina Z. Beck in her declaration accused Martinez of refusing to provide information to Berry about their son and his education, of interfering with their son’s therapy and of refusing to follow therapist recommendations. The court documents also include screenshots of text message exchanges between Berry and Martinez and an email from their son’s school about his disruptive behavior days after the alleged incident.

Berry and Martinez were married from 2013 from 2015. Their divorce finally ended in August 2023, when they agreed to joint custody of their son and Berry agreed to pay Martinez $8,000 a month in child support.

In his request for a restraining order, Martinez also asked that Berry refrain from drinking or partaking in other substances during her visitation time and asked that she complete sobriety testing “before, during and after” her visitation, according to court documents. The judge denied those sobriety testing requests until a further hearing for the order on Oct. 16.

Patrick Baghdaserians, an attorney for Martinez, told The Times last week the welfare and safety of Berry and Martinez’s child remains paramount.

Halle Berry is speaking out against her ex-husband Olivier Martinez, after he accused the actor of physically abusing their 12-year-old son and was granted a restraining order against the Oscar winner.

Marina Beck, an attorney for the 60-year-old “Catwoman” and “John Wick: Chapter 3” star, in a statement downplayed Martinez’s protective order, granted Thursday by a Los Angeles Superior Court judge.

“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said, later accusing Martinez of repeatedly violating court orders and interfering with “necessary therapeutic and educational interventions to the detriment” of his son with Berry.

The attorney added: “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”

Patrick Baghdaserians, an attorney for Martinez, did not comment on the statement from Berry’s legal team, but said the welfare and safety of Berry and Martinez’s child remains paramount.

According to the order reviewed by The Times, Berry is prohibited from contacting Martinez, 60, and their son Maceo beyond the terms of her August 2023 split-custody agreement. The judge also modified the actor’s visitation time, limiting her hours with her son to Mondays, Tuesdays and weekends between 10 a.m. and 8 p.m.

Berry and Martinez wed in France in July 2013, shortly after confirming they were expecting a baby together. They welcomed their son in October. Berry shares a daughter with ex-boyfriend Gabriel Aubry. The actor was also previously married to ex-MLB pro David Justice and singer-actor Eric Benét and is currently engaged to musician Van Hunt.

Berry filed to divorce Martinez in October 2015. Their divorce finally came to an end after eight years in August 2023, when they agreed to joint custody of their son and Berry agreed to pay Martinez $8,000 a month in child support. The “Monster’s Ball” actor was also ordered at the time to also pay Martinez 4.3% of any income she receives above $2 million.

Martinez’s request for a domestic violence restraining order centered on an alleged Sept. 26 incident involving Berry and their son. Martinez alleged the actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him.”

The financial terms of their divorce also appeared to be central to another alleged incident in 2023, when Berry allegedly told Maceo, then 9, that his father is “ ‘a white b— trying to rob a Black woman’ due to child support issues,” the request said. Martinez’s filing included a declaration of Berry’s alleged history of abuse, screenshots of his text conversation with Berry following the alleged September incident in which she appears to have written, “I feel terrible about what happened last night.”

Martinez requested sole legal and physical custody of Maceo. He also asked that Berry refrain from drinking or partaking in other substances during her visitation time and asked that she complete sobriety testing “before, during and after” her visitation, according to court documents. The judge denied those sobriety testing requests until a further hearing for the order on Oct. 16.

Berry has been a vocal supporter for victims of domestic violence and a volunteer at the Jenesse Center, a nonprofit organization dedicated to domestic violence intervention and prevention. The actor has also spoken about her own experience with domestic violence growing up. She recalled her father’s abusive treatment of her mother during a gala in 2015.

“She stayed for too long and her children, my sister and I, saw far too much and I’ve suffered the damage of being a child of domestic violence,” Berry said at the time.

Former Times staff writer Jonah Valdez contributed to this report.