Halle Berry’s 13-year-old son, Maceo, will be allowed to testify in her ongoing custody battle with ex-husband Olivier Martinez, despite the actress’s objections.
According to court documents obtained by TMZ, a judge ruled that Maceo may testify about matters related to Martinez’s request for a domestic violence restraining order against Berry.
His testimony will take place behind closed doors, with only his parents, their attorneys, and court personnel present.
Berry and Martinez are scheduled to return to court on Friday, October 16. At the center of their dispute is a September 26 incident at Berry’s home that began with a disagreement over a virtual reality game.
Martinez alleges that Berry grabbed Maceo by the neck and choked him, while the actress denies harming their child and maintains they were playfully roughhousing.
“I have never physically, emotionally, or otherwise abused Maceo,” she said in an earlier court filing. “I would never hurt our child.”
Following the incident, Martinez sought sole custody and a restraining order against Berry. On October 1, a judge granted him a temporary restraining order that reduced Berry’s parenting time to two days a week and every other weekend.
Martinez later asked the court to allow Maceo to testify about what happened that night.
“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote in a declaration.
Berry opposed the request and argued in court papers reported on October 13 that Martinez had spent weeks discussing the case with Maceo and coaching him on his testimony,despite a 2024 court order that prohibits both parents from involving their child in legal disputes.
She also feared that those conversations could influence his testimony, particularly if Maceo views her as the stricter parent and Martinez as more lenient.
Berry argued that Maceo did not need to testify because the court already had video footage and information from her fiancé, Van Hunt, who was present during the incident.
Her 18-year-old daughter, Nahla Aubry, also defended her in a separate court declaration, describing Berry as a loving, involved mother who had never behaved abusively toward either of her children.
Berry has since asked the court to restore the parents’ previous 50/50 custody arrangement.
