Halle Berry’s ex-husband Olivier Martinez is seeking sole custody of their 12-year-old son, Maceo, after accusing the actress of choking him during an alleged incident last weekend.
Martinez filed a petition for a temporary restraining order against Berry on Thursday, Oct. 1. In court documents, he claims the Sept. 26 incident caused him “emotional and mental distress due to physical abuse of our minor child, Maceo.”
According to the filing, Maceo was playing a virtual reality game at Berry’s home when an argument began. Martinez alleges that Berry eventually “jump[ed] on him, put[] her hands around his neck, and chok[ed] him.”
Berry’s fiancé, musician Van Hunt, was reportedly at the home at the time.
Martinez claims Maceo called him during the incident and asked to be picked up. Text messages included in the filing reportedly show the 12-year-old continuing to reach out to his father as Martinez made his way to Berry’s home.
The following morning, Martinez says Berry sent him a text addressing what had happened.
“I feel terrible about what happened last night as I know he does as well,” the message reportedly read.
Martinez alleges the Sept. 26 encounter was not the first physical confrontation between Berry and their son. His filing claims there have been other incidents over the past several years involving physical, verbal and emotional abuse.
“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,” Martinez alleges in the documents.
He is now asking the court for sole legal and physical custody of Maceo. The former couple currently shares legal custody of their son under the agreement reached when they finalized their divorce in 2023.
Their co-parenting relationship has faced problems before. In 2024, Berry and Martinez agreed to participate in court-ordered co-parenting therapy in an effort to work through their disagreements and improve communication surrounding Maceo.
Berry is also mom to 18-year-old daughter Nahla, whom she shares with ex Gabriel Aubry.
The Oscar winner has not publicly responded to Martinez’s latest accusations. Representatives for both Berry and Martinez did not immediately respond to requests for comment from multiple outlets.
