HALLE BERRY's ex accuses her of physical abuse of their 12-year-old son causing him “emotional and mental distress

Saturday, October 3, 2026 - Halle Berry’s ex Olivier Martinez is requesting sole custody of their 12-year-old son, Maceo. 

Court documemts show that the French actor, 60, filed a petition for a temporary restraining order against the the actress, also 60, alleging she caused him “emotional and mental distress due to physical abuse of our minor child, Maceo.” 

Martinez claimed that on Saturday, Sept. 26, Berry “physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him.” 

"While the September 26, 2026, incident in which Petitioner choked our son is the latest incident of abuse, I contend that there have been other instances of abuse over the course of the last few years,” the filing alleges. 

“These other incidents involve additional physical attacks against our son, as well as verbal and emotional abuse from Petitioner to me.” 

Martinez’s lawyer Patrick Baghdaserians said his client’s “paramount concern is the health, welfare and the safety of the minor child, hence the action that he took in court by filing the request for domestic violence restraining order. The second concern would be for mother to get the appropriate help that she needs to address her issues so she can better herself, which would in turn help the minor child moving forward.” 

Baghdaserians calls Martinez “a loving parent” who has “tried to do the best he can. 

"Obviously, it’s always difficult when you’re in a co-parenting relationship. Our paramount concern right now is only one real issue, and that’s protecting this great kid,” Baghdaserians said. 

In a statement shared with PEOPLE, Berry’s attorney Marina Beck described Martinez’s filing as “entirely meritless and deliberately misleading.” 

“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said, later adding, 

“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.” 

Martinez alleged in the filing that on Sept. 26, the 12-year-old called him to pick him up, claiming that Berry had “physically attacked him,” and it was “not the first time.” 

During the verbal dispute with her son, Berry “grabbed Maceo by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?’ ” 

Martinez alleged in the court documents. He added that Berry’s fiancé Van Hunt was present and “fair” while defending Maceo during the alleged incident. 

At one point, Berry allegedly texted Martinez, “He is disrespectful to me and feels I have no say on anything. I’m just money bags! This is wrong and wrong!” 

In another text exchange, Martinez told Berry that Maceo wanted him to pick him up, and asked if she was okay with that. 

“No I’m not ok with it,” she allegedly replied, according to Martinez’s filing. “He wants to fight his mother?? What kind of kid are we raising. As a father ask him what kind of kid is he. I’m his mother?” 

Martinez also told Berry that while he wasn’t sure what was going on at her home, he believed Berry fought too much with Maceo and had been doing so for a while. He then asked her about keeping Maceo at her home, even though Maceo didn’t want to be there. 

Martinez alleged Halle Berry “downplayed the incidents, claiming she was joking or just playing with him.” 

He referenced Halle Berry’s MMA training and alleged that she would put Maceo in chokeholds and wanted him to “tap out.” 

Halle Berry is also mom to daughter Nahla, 18, with ex Gabriel Aubry. 

Halle Berry and Martinez finalized their divorce after almost eight years in 2023. 

The couple settled their divorce and custody agreement. Part of the ruling indicated that the two would share joint legal custody, with Berry agreeing to pay Martinez $8,000 a month in child support. She was also made to pay him “4.3% of any income she receives above $2,000,000” in additional support. 

Berry was also ordered to shoulder the costs of her son’s private school tuition, uniforms and school supplies, as well as any extracurricular activities. She agreed to pay Martinez back for any of these costs from the 2023/2024 school year.