Halle Berry is fighting to keep her 13-year-old son, Maceo, from testifying in her ongoing custody battle with ex-husband Olivier Martinez.
The former couple’s latest dispute began after a September 26 incident at Berry’s home, where Martinez alleges the actress choked their son during a disagreement over a virtual reality game, prompting him to seek sole custody and a restraining order.
According to court documents obtained by TMZ, Berry claims Martinez has spent weeks discussing their legal dispute with Maceo and preparing him to testify, despite a 2024 court order prohibiting both parents from involving their son in their legal battles.
Berry is now asking a judge to order Martinez to stop discussing the case with their son. She argues that the conversations could influence Maceo’s testimony and worries that taking the stand would place additional emotional pressure on him.
She also believes the court has enough evidence to consider without involving Maceo, including video footage and testimony from her fiancé, Van Hunt, who was present during the incident.
Martinez, however, maintains that Maceo wants to tell the judge what happened that night and share his preferences regarding custody.
“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote in his declaration.
Berry has strongly denied Martinez’s allegations and maintained that she and Maceo were playfully roughhousing and that she never harmed him.
“I have never physically, emotionally, or otherwise abused Maceo,” she stated in an earlier court filing. “I would never hurt our child.”
Berry’s 18-year-old daughter, Nahla Aubry, has also submitted a declaration in support of her mother. Nahla described Berry as a loving and involved parent and said she had never witnessed her behave abusively toward either of her children.
On October 1, a judge granted Martinez a temporary restraining order that significantly reduced Berry’s parenting time with Maceo. She has since asked the court to restore their previous 50/50 custody arrangement.
The former couple is scheduled to return to court on Friday, October 16.
