Halle Berry is asking a court to restore her former custody agreement for her 13-year-old son Maceo with her ex-husband Olivier Martinez.
According to court documents, viewed and obtained by People, Entertainment Weekly and Us Weekly, the 60-year-old actor asked the court to restore her former custody agreement from August 2023, in which the former couple shared joint legal and physical custody.
She is also asking to be reinstated as the tie-breaking authority, which she had under their previous agreement, and asked the court to force Martinez to attend their court-ordered therapy sessions, according to People.
Global News has not independently viewed the court documents.
Berry has also accused Martinez of turning their son against her, claiming that Maceo reiterates his father’s side of private conversations between his parents, Entertainment Weekly reports.
“The fourth concern is Olivier’s continued attempts to align Maceo with him and against me in many areas of our child’s life and activities which causes Maceo to be angry with me about private issues relating to Maceo which Olivier and I were discussing at the time,” Berry reportedly wrote in the filing.
The Catwoman actor claims that her son often returns from Martinez’s care “angry and combative,” according to the outlet.
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“When Maceo would come home from his custodial time with Olivier, he would be angry and combative. It took Maceo 2-3 days to acclimate to being at home and when he would go back to Olivier, the cycle would start all over again,” Berry reportedly alleged in the documents. “I also perceived Maceo to repeat disputes that Olivier and I discuss in private and take Olivier’s side/position in that dispute.”
Berry’s legal filing comes after Martinez filed for sole custody and a domestic violence restraining order against the actor on Oct. 1.
In the request, Martinez alleged that the Monster’s Ball actor “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him,” on Sept. 26, according to USA Today.
Martinez reportedly claimed that this was not the first time that Berry “has physically attacked our son.”
In a statement to Variety, Berry’s lawyer Marina Beck denied the allegations, saying, “To say this filing is entirely meritless and deliberately misleading would be an understatement.”
“There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry’s minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned,” the statement continued.
“In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior,” Beck added.
“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,” the statement concluded.
Martinez was granted a temporary restraining order against Berry on Oct. 1 by a Los Angeles County judge, according to People.
The judge also ordered temporarily modified visitation and ruled that partial custody is to be “continued to maintain communication between [Berry] and [Maceo],” the outlet reports.
The temporary restraining order will be in effect until a hearing on Oct. 16.
Berry and Martinez, who first met while making the 2012 film Dark Tide, tied the knot in July 2013. They welcomed their son Maceo three months after their wedding. By October 2015, Martinez and Berry separated after two years of marriage.
The actors released a joint statement at the time, announcing their divorce a day after Berry filed a divorce petition under a pseudonym.
Martinez filed his own petition after Berry and they both cited irreconcilable differences for their breakup.
“It is with a heavy heart that we have come to the decision to divorce,” the actors wrote in a joint statement. “We move forward with love and respect for one another and the shared focus of what is best for our son. We wish each other nothing but happiness in life and we hope that you respect our and, most importantly, our children’s privacy as we go through this difficult period.”
Their divorce was finalized in August 2023 after an eight-year legal battle. They both agreed to joint legal and physical custody of their son and Berry agreed to pay Martinez $8,000 a month in child support.
—With files from The Associated Press
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