Halle Berry’s Son Allowed to Testify in Custody Battle With Olivier Martinez

Halle Berry’s 13-year-old son, Maceo, has been permitted to testify in the custody dispute between the actress and her ex-husband, Olivier Martinez, after a judge ruled that the teenager could take the stand at an upcoming hearing concerning Martinez’s request for a domestic violence restraining order against Berry.

During a hearing at Los Angeles Superior Court on Wednesday, October 14, Judge Shelley Kaufman ruled that Maceo could testify at the proceedings scheduled for Friday, October 16. However, his testimony will be limited to Martinez’s request for the restraining order. The judge also specified that Maceo must not be coached and that his testimony will take place in a closed courtroom, attended only by the parties, their lawyers and court personnel.

The ruling follows opposing requests from the former couple over whether their son should participate in the proceedings. Martinez wants Maceo to give his account of an alleged confrontation at Berry’s home on September 26, while the actress has argued that her son should not be placed in the middle of their legal dispute.

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Martinez filed for sole custody of Maceo on October 1, alleging that Berry physically assaulted their son during an argument over a virtual reality video game. According to his court filing, Berry entered the teenager’s bedroom while he was playing the game, criticised him for doing so and subsequently jumped on him, placed her hands around his neck and choked him. Martinez also alleged that the incident was not isolated and cited other instances of alleged abuse in support of his request.

Berry has denied physically abusing Maceo. In a declaration filed on October 5, she stated that she had never physically or emotionally abused their son and described herself as a survivor of domestic violence. Through her attorney, Marina Beck, the actress has characterised Martinez’s allegations as meritless and misleading.

In his court declaration, Martinez argued that Maceo wanted to address the judge directly to explain his account of the September 26 incident and express his custody preferences. He maintained that the teenager should have the opportunity to speak about what he experienced, adding that preventing him from testifying could discourage him from reporting potential abuse or other problems in the future.

Martinez also claimed that Maceo had previously raised concerns about his mother’s behaviour but felt that his complaints were not taken seriously. He argued that hearing directly from their son would help the court assess the allegations and determine the appropriate custody arrangements.

Berry opposed the request, alleging that Martinez had been discussing the case and the possibility of Maceo testifying with him for weeks. In a court filing on October 13, she expressed concern that their son, who had spent much of the preceding two weeks in his father’s care, could have been influenced by those conversations.

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The actress referred to a 2024 court order prohibiting both parents from involving Maceo in their legal disputes. She asked the court to prevent Martinez from discussing the case with their son or coaching him about what to say during testimony.

Berry also questioned the reliability of Maceo’s potential testimony, arguing that their different parenting approaches could influence how he perceived and described the incident. She said she had often been responsible for enforcing rules and setting boundaries, while Martinez had allowed their son greater autonomy. According to her filing, this dynamic could have led Maceo to view her as the stricter parent and his father as the more permissive one.

The actress maintained that the court should also consider evidence from adult witnesses who were present during the alleged confrontation. She identified her fiancé, musician Van Hunt, as the only adult third-party eyewitness to the incident and pointed to a declaration from her daughter, Nahla Aubry, 18, in her defence.

Nahla, whom Berry shares with her former partner, model Gabriel Aubry, submitted a declaration stating that she had never witnessed her mother physically abuse Maceo. She described Berry as a loving and involved parent who could be strict when necessary but had never seen her hit, choke or otherwise physically harm her younger brother.

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Martinez has opposed Nahla’s participation in the proceedings, arguing that she is biased in favour of her mother and that her testimony is not relevant to the case. His position contrasts with his request for Maceo to testify about the alleged September incident.

Berry has also challenged a photograph that Martinez submitted in support of his allegations. In a response filed on October 13, she disputed his claim that the image, reportedly taken by Maceo after the confrontation, supported the allegation that she had strangled their son.

According to Berry’s declaration, the photograph showed her standing several feet away from Maceo with her hands in her pockets. She argued that it did not show injuries consistent with the alleged assault, including redness, bruising or marks on the teenager’s neck.

The actress also disputed Martinez’s account of Hunt’s observations following the incident. She said Hunt had not examined Maceo’s body or neck for injuries but had reported that he did not observe redness or bruising. Berry argued that Martinez had presented the observation in a way that suggested Hunt had conducted a specific examination for injuries.

Martinez’s lawyer, Patrick Baghdaserians, rejected Berry’s allegations that his client had coached or manipulated their son. In a statement concerning the dispute, he maintained that Maceo should be allowed to speak about his experiences and argued that preventing him from doing so would undermine his opportunity to be heard.

The custody dispute has also resulted in temporary restrictions on Berry’s contact with Maceo. Following Martinez’s request for a restraining order, the court granted a temporary order requiring Berry to remain at least 100 yards away from Martinez. She was permitted to see their son under court-ordered visitation arrangements, reported as two days a week and every other weekend, pending the October 16 hearing. The former couple was also ordered to participate in confidential mediation concerning custody.

Berry and Martinez married in 2013 and separated in 2015. Their divorce was finalised in August 2023, when they agreed to joint custody of Maceo. The latest proceedings have centred on Martinez’s allegations of abuse, his request for sole custody and the conditions governing Berry’s contact with their son.

The October 14 ruling allows Maceo to testify at the October 16 hearing, but his testimony will be limited to Martinez’s request for a domestic violence restraining order. The decision does not establish whether the allegations against Berry are true. She continues to deny them as the legal dispute proceeds.