On October 1, Olivier Martinez filed for an emergency restraining order against Halle Berry for himself and their son Maceo Martinez, claiming that Halle had abused Maceo and bad-mouthed Olivier to their son. The temporary order was granted, but it has the most bizarre terms I’ve seen from a family court. Apparently, the original custodial agreement between Halle and Olivier was for 50-50 custody, and the temporary order simply shifts Halle to “no overnights” with Maceo, but she still has Maceo through the day for four days a week, including weekends. There’s already a court hearing scheduled for the end of the month. Well, Halle has now made her own filing, asking the court to reinstate 50-50 custody, but with some modifications because Olivier is a terrible father (according to Halle).

Halle Berry is asking the court to reinstate her former custody agreement for her 12-year-old son Maceo, whom she shares with ex Olivier Martinez. According to court documents obtained by PEOPLE, the actress, 60, is asking to restore her former custody agreement from August 2023, in which Berry and Martinez shared 50/50 custody. She has also asked to be reinstated as the tie-breaking authority, which she had under their previous custodial agreement, and asked the court to force Martinez to attend their court-ordered therapy sessions.

Although Berry didn’t directly acknowledge her ex-husband’s recent claims that she abused their son, the actress alleged that Martinez’s anger towards her influences her own disagreements with their son.

“The fourth concern is Olivier’s continued attempts to align Maceo with him and against me in many areas of our child’s life and activities which causes Maceo to be angry with me about private issues relating to Maceo which Olivier and I were discussing at the time,” Berry wrote in the filing. She also claimed that when Maceo returns from spending time with Martinez, he can be “angry and combative” toward Berry. The actress added that this behavior is heightened when Martinez has Maceo for longer periods of time.

“When Maceo would come home from his custodial time with Olivier, he would be angry and combative. It took Maceo 2-3 days to acclimate to being at home and when he would go back to Olivier, the cycle would start all over again,” she alleged in the documents. “I also perceived Maceo to repeat disputes that Olivier and I discuss in private and take Olivier’s side/position in that dispute. If the dispute related to a decision regarding Maceo (for example, about soccer, school, or therapy), Maceo knew about it before Olivier and I reached a decision with respect to a particular issue and would tell me what he and Olivier are going to do (without my input) completely disregarding my authority as his mother,” continued Berry.

Berry alleged that Martinez’s actions and lack of cooperation with Maceo’s psychological and educational needs have been detrimental to his welfare.

“[Martinez’s] refusal to allow early interventions have caused Maceo to fall further behind in school, caused Maceo’s acting out behaviors to worsen, and caused further damage to Maceo’s and [Berry’s] relationship,” the documents claim. Berry claimed that Martinez told her that Maceo is “old enough” to make his own decisions and that she should allow this to keep him happy and make him nicer to her.

“While I am attuned to Maceo’s thoughts and feelings and encourage an open dialogue, I do not agree that a ten-year-old should be permitted to make decisions regarding his education, health, extracurricular activities, and general welfare,” she wrote. “Therapy with [his doctor] has improved Maceo’s behavior at home and with me. Sadly, the passage of time and Court orders have not improved or changed Olivier.”

Later in the documents, Berry claimed that Martinez has yet to accept her fiancé Van Hunt as her partner and refuses to include him in family therapy. “The seventh concern is Olivier’s active attempts to influence Maceo’s teachers and therapist to view me as a risk to our child by communicating false stories about my relationship with Maceo through Maceo or third parties,” she wrote. “The eighth concern is Olivier’s continued refusal to accept my relationship with Van, who plays an important role in Maceo’s life. Olivier’s lack of acceptance of Van has resulted in Olivier refusing to permit Maceo to work in a family therapy setting with me and Van as a means to continue to create a healthy environment for our son within the structure of a blended family,” continued Berry.

[From People]

I’m getting a better idea of what’s going on with their parenting styles and their toxic co-parenting relationship. It’s completely believable that Olivier has always been “the good cop” parent, the “friend” rather than the father, and that Olivier has always weaponized Maceo against Halle. But… Maceo just turned 13 years old. I don’t know if that’s a typo in Halle’s filing, but he’s not 10 years old, his 13th birthday was yesterday. Arguably, Maceo only has five more years of this – probably less, since a family court will begin to weigh Maceo’s thoughts more and more.

Photos courtesy of Backgrid, Avalon Red, Cover Images.