Halle Berry is asking a Los Angeles court to restore 50/50 custody of her son with ex-husband Olivier Martinez, directly denying his allegation that she choked the 13-year-old during a confrontation that led a judge to restrict her parenting time.
In an Oct. 5, 2026, declaration, Berry said she has never physically, emotionally, or otherwise abused Maceo and gave the court a sharply different account of the Sept. 26 confrontation at her home. She is also seeking the return of decision-making authority she previously held over parts of his education and mental-health care.
According to Martinez, the Sept. 26 confrontation began after Berry became upset with Maceo and ended with her putting her hands around his neck and choking him. Berry says the interaction began with playful roughhousing and escalated after Maceo pushed her.
Her declaration says she never put her hands around Maceo's neck or restricted his breathing. Berry also submitted video and text messages that she contends contradict Martinez's account and says her fiancé, musician Van Hunt, came upstairs as the encounter escalated and eventually stepped between them.
The incident is part of a broader pattern of abuse, Martinez alleges in seeking sole legal and physical custody. His Oct. 1 filing also requested a domestic violence restraining order covering himself and Maceo.
A Los Angeles County judge issued a temporary restraining order on Oct. 1, requiring Berry to remain 100 yards from Martinez and limiting her time with Maceo to court-ordered visitation pending an Oct. 16 hearing. The court rejected Martinez's request for additional sobriety testing at that stage, citing insufficient evidence.
Beyond the September confrontation, Berry is asking the court to address what she describes as a longer-running effort by Martinez to undermine her relationship with Maceo and interfere with his education and treatment.
She says Maceo sometimes returns from Martinez's care angry with her and repeats details of private disputes between his parents. Berry argues those exchanges show Martinez has involved their son in conflicts that should remain between the adults.
Similar concerns surfaced in 2024, when Berry accused Martinez of interfering with educational and therapeutic interventions for Maceo. A judge later gave her authority over certain decisions involving their son's education and mental-health treatment.
The latest request also asks the court to require Martinez to resume court-ordered co-parenting therapy.
Martinez is opposing Berry's effort to reverse the temporary custody changes, maintaining that his allegations warrant continued restrictions while the court considers his request for sole legal and physical custody.
The former couple finalized their divorce in August 2023 with an agreement to share legal and physical custody of Maceo. That arrangement remained the baseline for their custody dispute until the temporary changes ordered last week.
They are due back in court Oct. 16, when the judge will consider the temporary restrictions alongside Berry's bid to return to 50/50 custody and Martinez's request for sole legal and physical custody.
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