Halle Berry’s ex granted custody of son after accusing her of ‘choking’ their 12-year-old as ‘deeply saddened’ actress responds to ‘meritless’ allegations with her own explosive attack

Halle Berry’s ex Olivier Martinez has been granted temporary primary custody of their 12-year-old son Maceo after accusing the actress of physically abusing him – claims Berry has slammed as ‘entirely meritless.’

 

In bombshell court documents filed in Los Angeles on Thursday and obtained by The Daily Mail, Martinez alleged Berry ‘physically abused our son by jumping on him and choking him’ during a September 26, 2026 incident.

Martinez was granted a temporary domestic violence restraining order against Berry, which protects both himself and their son from the actress. The order requires Berry to stay 100 yards away from Martinez.

 

The Monster’s Ball actress has also lost 50/50 custody, and will be allowed to see their son only during court-ordered visitation two days a week and every other weekend until a hearing on October 16.

 

Berry’s attorney Marina Beck told the Daily Mail the filing is ‘entirely meritless’ and added that Berry is ‘used to this kind of outrageous conduct’ from Martinez.

The actress is ‘deeply saddened’ by the situation, though 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 filing lays bare a series of alleged disputes between Berry, Martinez, and their son over the last few years – with the most recent one prompting him to take legal action against her.

 

Halle Berry’s ex Olivier Martinez has been granted temporary primary custody of their 12-year-old son Maceo after accusing the actress of physically abusing him

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Halle Berry’s ex Olivier Martinez has been granted temporary primary custody of their 12-year-old son Maceo after accusing the actress of physically abusing him

Berry is pictured on September 24, just two days before the alleged incident

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Berry is pictured on September 24, just two days before the alleged incident

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‘Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to “tap out,”‘ Martinez alleged.

 

The documents allege Berry has ‘grabbed our son’s neck from the back when he is not looking and forced him to tap out’ multiple times previously – instances that she allegedly insisted were done in jest, but which their son disliked.

 

Berry and Martinez have also been ordered to participate in confidential mediation to discuss custody, according to legal documents obtained by TMZ.

 

The incident which triggered the restraining order allegedly all began after Berry told Maceo he looked ‘so stupid’ and was ‘an idiot’ while playing a virtual reality game and wearing specialized goggles.

 

According to Martinez, Maceo told him his mother ‘came into Maceo’s bedroom and began pushing Maceo. From what I can tell, the initial contact appeared to be intended to be in a joking manner. Maceo told Petitioner [Berry], “Stop. Let me finish the game first.” This sent Petitioner into a rage.’

 

The actor further alleged in the court document: ‘Petitioner told Maceo that he looks “so stupid” and is “such an idiot’ for playing this game with the VR goggle.

 

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‘The situation escalated from there. Petitioner jumped on Maceo and started physically fighting with him. She grabbed Maceo by the neck and started choking him while shouting, “Who is dominant now?! Who is dominant?”‘

 

‘Maceo told me he had to fight back,’ Martinez wrote in the filing. ‘Through his efforts, he managed to escape Petitioner’s grip. He started screaming, at which point, Petitioner’s boyfriend came into the room.

 

‘Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to “tap out,”‘ Martinez alleged

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‘Throughout the last year-and-a-half, Ms. Berry has wrestled Maceo to the ground and forced him to “tap out,”‘ Martinez alleged

According to Martinez, Maceo claimed that Berry’s fiance, Van Hunt, treated him ‘fair.’

 

The document states that Hunt ‘defended Maceo as he was packing his clothes to leave when Petitioner tried to tell him that he could not take his clothes because Petitioner had bought them for him.’

 

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‘When Maceo said that the clothes had been given to him so he could take them with him, Petitioner’s boyfriend agreed with him and convinced Petitioner to allow him to pack his clothes.’

 

Martinez claimed that on the night of the alleged incident, he received a ‘frantic call’ from his son asking him to pick him up ‘”right now.”‘

 

Martinez said he then contacted Berry over text message about picking Maceo up, asking if she was ‘OK with it.’

 

Text messages included in the filing show the correspondence between Martinez and Berry, with the actress allegedly responding to Martinez’s pick up request: ‘No I’m not ok with it. He wants to fight his mother?? What kind of kid are we raising.”‘

 

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Martinez alleged he had several more calls with his son and could hear Berry’s voice in one of the conversations. He claims to have heard his son telling Berry that he is going to ‘leave forever’, with Berry ‘yelling’ to their son, ‘Good. Good. I don’t want to see anymore.’

 

He alleges to have received several more urgent-sounding text messages from Maceo asking when he will arrive.

 

When he arrived to the house, Maceo emerged with Hunt, who was carrying bags of Maceo’s clothing and ‘had a shocked look on his face’ when asked by Martinez about what had happened. He alleged Hunt ‘did not respond to my question.’

 

Martinez said he was unaware of the alleged physical confrontation between his son and Berry and did not push him for details during the car ride home. Maceo ended up sharing what had allegedly transpired later that night.

 

 

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In court documents obtained by The Daily Mail, Martinez alleged Berry ‘physically abused our son by jumping on him and choking him’ during a September 26, 2026 incident.

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The following morning, Martinez allegedly received a text message from Berry which read: ‘Oliver, I’ve reached out to Maceo and asked to speak with him. I know you very much think he makes his own decisions but I would really appreciate it if you would encourage him to speak with me today. I feel terrible about what happened last night as I know he does as well.”

 

Martinez alleges Maceo no longer wishes to spend time at Berry’s home. ‘I believe he may be traumatized from the incident. My peace was disturbed by the fact that Petitioner physically abused our son,’ he wrote.

 

The September incident is allegedly not the first time Berry has physically abused Maceo.

 

‘Both our son and Petitioner have spoken to me about past attacks. Both have confirmed that Petitioner has unprovokedly attacked our son and has put him in choke holds that she learned while training in mixed martial arts.

 

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‘Our son has repeatedly explained how much he hates this, while Petitioner has downplayed the incidents, claiming she was just joking or playing with him.’

 

It allegedly escalated to the point that Maceo told his father, ‘”The next time she does that, I’m going to kick her a**.”‘

 

Martinez further alleged: ‘While the September 26, 2026 incident in which Petitioner choked our son is the latest incident of abuse, I contend there have been other instances of abuse over the course of the last few years.

 

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

 

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‘All of these incidents of disturbed my peace and is conduct that falls within the scope of the Domestic Violence Protection Act. I have significant concerns about Petitioner’s mental health, as well as her alcohol abuse, which I believe have contributed to her abusive conduct.’

 

Martinez also accused Berry of slapping Maceo in the face twice around five years ago.

 

‘I am aware of the fact that Petitioner has struck Maceo in the face before,’ he says. ‘Specifically, she slapped him in the face twice, approximately 5 years ago. While I don’t have personal knowledge of this incident, I believe that Maceo would testify to this if he were asked by the Court or a Court appointed evaluator.’

 

The two wed in 2013 — the same year they welcomed their son Maceo Robert, 12 —and split in 2016

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The two wed in 2013 — the same year they welcomed their son Maceo Robert, 12 —and split in 2016

In August 2024, a judge denied Berry’s request to have Martinez in co-parenting therapy. That same year, she also sought sole custody of Maceo, which was not granted.

 

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Martinez also claims he endured ’emotional and mental distress caused by racially charged statements made by Ms. Berry to Maceo.’

 

In 2023, Berry allegedly told Maceo that his father is ‘”a white b**ch trying to rob a black woman” due to child support issues. Ms. Berry then asked our son, “How do you feel about that as a black man?”, according to the documents.

 

‘Ms. Berry has also caused our son great emotional and mental distress by threatening to have me deported to France,’ he further alleged.

 

In his filing, Martinez requested that Berry remain 100 yards away from them, attend a 52-week batterer intervention program, and be ordered to remain sober while caring for Maceo.

 

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‘An Order that Ms. Berry must not drink or be under the influence of alcohol or other substances while exercising visitation with or custody of Maceo. Ms. Berry shall complete Sober Link testing before, during, and after visitation with Maceo at intervals the Court deems appropriate. Ms. Berry shall complete any other test the Court deems appropriate for protecting Maceo.’

 

Berry and Martinez were married for just three years and endured a bitter custody battle over their son.

 

Berry met Martinez – dubbed the ‘French Brad Pitt’ – on set of Dark Tide, which was filming in South Africa in 2010.

 

The two wed in 2013 – the same year they welcomed their son Maceo Robert, 12 – and split in 2016.

 

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The couple’s divorce was finalized in 2023, with the outcome being joint custody and Halle paying child support.

 

But in 2024, Berry launched a legal battle against the actor as she claimed he was trying to take time off from their co-parenting therapy – requesting that he be compelled to participate.

 

In October, a judge sided with the actress, but noted that Martinez already complied with her request after she took him to court.

 

Berry has been engaged to Van Hunt since earlier this year; pictured last year

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Berry has been engaged to Van Hunt since earlier this year; pictured last year

Berry is pictured in New York City last week, prior to the alleged incident with her son

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Berry is pictured in New York City last week, prior to the alleged incident with her son

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In documents obtained by US Weekly, Berry claimed she has spent over $200,000 in legal fees including ‘voluntarily’ contributing $80,000 towards Martinez’s own legal expenses.

 

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She also claimed the actor was supporting himself financially using her child support payments.

 

Berry was seeking sole custody of their child as she claimed Maceo is struggling in school and that he is, ‘grade levels behind,’ adding he’d been diagnosed with ADHD and mild dyslexia.

 

Berry added that Martinez was, ‘either oblivious’ to his difficulties or, ‘carelessly disregards them,’ which she said proves he’s unfit for custody.

 

Martinez was also involved in an infamous fight with Berry’s ex-boyfriend Gabriel Aubry, with whom she shares daughter Nahla.

 

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Martinez started dating Berry the same year she and Aubry announced their split.

 

The two made headlines in 2012 when they got into a fight with her ex Aubry during Thanksgiving. The model had dropped daughter Nahla off at Berry’s Los Angeles home.

 

That is when Martinez and Aubry got into a verbal which soon turned physical. Aubry claimed the SWAT actor threatened to kill him. Both men had to go to the hospital for their injuries.

 

Aubry was arrested and issued a restraining order as a result of the incident.

 

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Earlier this year, Berry announced her engagement to Grammy-winning boyfriend Van Hunt after five years together.

 

 

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What happened to Hear’Say? From cheating scandals and a Gavin & Stacey cameo to going living with monks – the wildly different lives of the pop stars as they announce comeback

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