Halle Berry and Olivier Martinez’s big custody hearing will happen today. Ahead of the hearing, Halle and Olivier have been lobbing accusations, filings and declarations at each other, all regarding an alleged incident in late September. According to Olivier, Halle assaulted their son Maceo and insulted Olivier to Maceo. According to Halle, nothing happened but a minor disagreement, with nothing physical occurring. Earlier this week, we heard that Olivier wants Maceo – who just turned 13 years old – to testify in court about the incident and where Maceo wants to live. Halle tried to block Maceo from testifying, but the court will allow it.
Halle Berry’s son will be allowed to testify in her custody battle with ex Olivier Martinez. According to court documents obtained by PEOPLE, Berry and Martinez’s son Maceo, 13, will testify in his parents’ custody trial, per a court order by the judge. TMZ was first to report the news.
Although Maceo will be allowed to testify, his testimony will be “limited to the request for an issuance of a restraining order.” Martinez, 60, is pursuing a restraining order against Berry, 60, for himself and Maceo after the actress allegedly physically abused their son. He was granted a temporary restraining order earlier this month. Reps for both Berry and Martinez didn’t immediately respond to PEOPLE’s request for comment.
Earlier this week, Berry objected to her son Maceo testifying in court during the former couple’s upcoming custody hearings. She claimed that Martinez was dismissing statements from other key eyewitnesses, including her daughter Nahla Ariela, 18, and her fiancé Van Hunt, who were physically present at the time of the alleged Sept. 26 incident.
“Rather than welcome testimony from these witnesses with direct personal knowledge, Olivier dismisses their observations while elevating the testimony of a neurodivergent 13-year-old child who has spent the last two weeks primarily in Olivier’s care and with whom Olivier admittedly has been discussing the allegations, the litigation, and his anticipated testimony,” she said.
Berry went on to caution the court against placing “substantial weight” on the testimony of her teenage son, who she described as being a “coached and manipulated child.”
In other court documents obtained by PEOPLE, Martinez said that Maceo wants to address the court “to provide his side of the story.” He explained that Maceo wants to openly discuss his custody preferences and the alleged incident from September.
“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote in his declaration. “If he is prevented from addressing the Court regarding these allegations, I fear that he would be dissuaded from reporting problems or potential abuse in the future.”
Martinez went on to say that he anticipated that Berry would try “to prevent our son from addressing the Court directly,” explaining that their son’s testimony will be “key to the Court learning the full truth about the events that occurred on September 26th.”
Since the news broke, Berry has denied the accusation, saying she is a victim of domestic violence herself. In a declaration filed on Monday, Oct. 5, and obtained by PEOPLE, Berry stated, “I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.” She continued, “I am not a perpetrator of violence. I would never hurt our child.”
I think both Halle and Olivier are right and wrong. It’s more than possible that Olivier coached Maceo… but Maceo is still old enough and capable enough to testify in court and to sit through what I assume will be a limited cross-examination. It’s up to the court and the judge to decide what weight to give Maceo’s testimony. I’m not saying the court is always right but I just don’t think Halle really has an argument here. She can’t really prove that Olivier coached Maceo, and we’ll just have to see what the kid says in his testimony. That’s another thing – this case should be sealed and it’s weird that it hasn’t been.
Photos courtesy of Avalon Red, Cover Images, Backgrid.
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- Olivier Martinez, Halle Berry at the World Premiere of CBS Films Extant, California Science Center, Los Angeles, CA 06-16-14,Image: 552979883, License: Rights-managed, Restrictions: WORLD RIGHTS – Fee Payable Upon Reproduction – For queries contact Photoshot – sales@photoshot.com London: +44 (0) 20 7421 6000 Florida: +1 239 689 1883 Berlin: +49 (0) 30 76 212 251, Model Release: no, Credit line: Martin Sloan / Avalon
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- Olivier Martinez, Halle Berry at the World Premiere of CBS Films Extant, California Science Center, Los Angeles, CA 06-16-14,Image: 552979896, License: Rights-managed, Restrictions: WORLD RIGHTS – Fee Payable Upon Reproduction – For queries contact Photoshot – sales@photoshot.com London: +44 (0) 20 7421 6000 Florida: +1 239 689 1883 Berlin: +49 (0) 30 76 212 251, Model Release: no, Credit line: Martin Sloan / Avalon
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- Olivier Martinez, Halle Berry at “Extant” World Premiere on June 16 2014 in Los Angeles, California.,Image: 552980125, License: Rights-managed, Restrictions: WORLD RIGHTS – Fee Payable Upon Reproduction – For queries contact Photoshot – sales@photoshot.com London: +44 (0) 20 7421 6000 Florida: +1 239 689 1883 Berlin: +49 (0) 30 76 212 251, Model Release: no, Credit line: Martin Sloan / Avalon
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- CENTURY CITY, LOS ANGELES, CALIFORNIA, USA – MARCH 13: Halle Berry wearing Dolce & Gabbana with Samer Halimeh earrings arrives at the 27th Annual Critics’ Choice Awards held at the Fairmont Century Plaza Hotel on March 13, 2022 in Century City, Los Angeles, California, United States.,Image: 669529437, License: Rights-managed, Restrictions: , Model Release: no, Pictured: Halle Berry, Credit line: Xavier Collin / Image Press Agency / Avalon
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- Santa Monica, CA – Halle Berry lets her hair down for an afternoon outing with her daughter Nahla in Santa Monica. The lovely ‘John Wick’ star wears baggy pants, sandals, and an oversized black shirt as her hair blows in the wind on their walk back to their car. Pictured: Halle Berry, Nahla Ariela Aubry BACKGRID USA 28 MAY 2019 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
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- Beverly Hills, CA – French actor Olivier Martinez seen making a shopping trip to his local Bristol Farms and grabs his usual Baguette along with a few other items. Pictured: Olivier Martinez BACKGRID USA 6 APRIL 2020 BYLINE MUST READ: RMLA / BACKGRID USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
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- New York City, NY – The Met Gala “Superfine: Tailoring Black Style” at The Metropolitan Museum of Art in New York City. Pictured: Van Hunt, Halle Berry BACKGRID USA 5 MAY 2025 BYLINE MUST READ: BFA.com / BACKGRID USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
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- -Los Angeles, CA – 20200406 – Olivier Martinez Goes Grocery Shopping -PICTURED: Olivier Martinez -PHOTO by: BauerGriffin/INSTARimages.com This is an editorial, rights-managed image. Please contact INSTAR Images for licensing fee and rights information at sales@instarimages.com or call +1 212 414 0207. This image may not be published in any way that is, or might be deemed to be, defamatory, libelous, pornographic, or obscene. Please consult our sales department for any clarification needed prior to publication and use. INSTAR Images reserves the right to pursue unauthorized users of this material. If you are in violation of our intellectual property rights or copyright you may be liable for damages, loss of income, any profits you derive from the unauthorized use of this material and, where appropriate, the cost of collection and/or any statutory damages awarded For images containing underage children: Be advised that some Countries may have restricted privacy laws against publishing images of underage children. Inform yourself! Underage children may need to be removed or have their face pixelated before publishing. Featuring: Olivier Martinez Where: Los Angeles, California, United States When: 06 Apr 2020 Credit: BauerGriffin/INSTARimages.com
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- 78th Cannes Film Festival – Jury Photocall Featuring: Halle Berry Where: Cannes, France Credit: David Niviere/Abaca Press/INSTARimages **NORTH AMERICA RIGHTS ONLY**
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- Arrivals for the World premiere of Amazon MGM Studios ‘Crime 101’ Featuring: Halle Berry Where: Los Angeles, California, United States When: 10 Feb 2026 Credit: Faye’s Vision/Cover Images
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- New York September 22, 2026. Halle Berry attend 11th Annual Through Her Lens The Tribeca Chanel Women’s Filmmaker Program Luncheon in New York. September 22 , 2026.Credit: RogerWong/instarimages.com Featuring: Halle Berry Where: New York City, New York, United States When: 22 Sep 2026 Credit: Roger Wong/INSTARimages
Didn’t Nahla’s statement say that she wasn’t there?
Such a mess.
If her daughter could write a letter, then her son should be able to speak as well. Halle sounds very defensive.
Well but her daughter didn’t write a letter. Halle’s lawyers wrote it and had the 18 year old sign it. Honestly gross to put one kid in that position and yet also lobby for the other kid’s words to be excluded as “manipulated.”
This case needs to be sealed. They are both doing irreparable damage. They both need to stop talking. This poor kid. And now his relationship with his only sibling is damaged and may not recover.
What both parents are doing is absolutely awful. I’ve always been a Halle fan Halle apologist but this is really pissing me off. Regardless of whether Maceo is being manipulated or not, Halle is not the victim here.
I can’t believe this hasn’t happened. I was wondering if they were actively publicly sharing all this information. It is awful and embarrassing. This poor child.
And as someone who works with complex mental health legal issues and as a child of an abuser/narcissist, i can firmly say – her using the explanation that she would never abuse because she’s a survivor of DV is patently untrue. survivors are OFTEN abusers, particularly if they haven’t completed the work – there are anger & control issues that get projected and that often gets externalized with their hands.
So, a preacher can abuse his children just as much as a DV survivor can harm their children – and in her case, her history and actions are not particularly compelling to a court. Both her and Olivier are completely selfish and it’s hard to believe that people who genuinely have their children’s best interests at heart, can’t find their way out of their ego’s to agree on a suitable option that reflects the best interests of their child.
Why is she pointing out that he is neurodivergent? The way she did so makes it sound like he is less likely to be able to testify accurately because of his neurodivergence. The way that is so casually slipped in there without further explanation is really awful.
You articulated so well what I couldn’t quite put my finger on Josephine. If anything it makes him more likely to tell the truth in my book but yes she made it sound like he was an unreliable witness because he is neurodivergent which doesn’t sit well with me.
Agreed on all points. Also, I don’t see how Halle’s behavior is different enough from Kate Gosselin’s towards her son.
So, Page 6 has additional court submitted paperwork on the kid. Apparently, per the school, since the incident Maceo has hit a younger classmate, cussed someone at the school out and threw objects. This was submitted by the school. Maceo has had prior issues but they say his behavior is escalating. Oliver sounds like an enabler.
I know someone who calls his own incidences “blowouts” and they usually happened when he was under a lot of stress when he was younger (also a neurodivergent kid). The solution for him (at the time) was to go to a boys’ home. The structure and consistency there helped a lot.
Poor Maceo. I hope the courts are able to get to the truth and figure out a resolution that works well for him.
Halle might need to just “drop the rope” and stop the tug of war with Olivier about Maceo.
Or Maceo sounds like a kid who went through one private very traumatizing incident and now is suffering through a series of very public traumatizing incidents? Cut the kid some slack, he’s not the abuser in this situation.
Halle has always been two things. Beautiful & messy. When I read what was reported to have transpired and the comment she made to her son about ‘being a black man’ I have to admit I sided with the child.(& possibly Olivier) She has always stated she adheres to the one drop theory when claiming she was the more suitable parent in each of her custody battles (which is reprehensible & a throw back to the time of slavery. The idea being anyone w/a single drop of black blood would be categorized as lesser than a white man) & yet both of her children were sired by white men. I agree with the poster about the untenable situation to pit siblings against each other. It just seems like she has always had a temper & woe behold the one who crosses her. I wish the young man well & hope Nahla’s relationship with her brother isn’t jeopardized
I’m baffled by her stance. The kid is 13, not 3. He can absolutely testify. And, assuming this is a seasoned judged, they should be able to ascertain whether the kid is being truthful or just regurgitating talking points coached by a parent. It has the appearance of her knowing that she did lay hands on him and it will come out. But the devil is in the details. Nahla said in “her” letter that Halle routinely “wrestled playfully” with Maceo. I don’t know if that was setting the expectation that Halle would claim that she “playfully” grabbed him to get him away from the video game or if that was the truth. I also know that I have grabbed stuff out of my son’s hand (phone, game, etc.) when he’s actively ignoring me, so who knows what she actually did physically when she felt he was ignoring her or being disrespectful.
I’m glad Maceo will get to testify. Abuse victims of all ages should be believed and supported. Halle is calling her son a liar every chance she gets. The kid took a picture of her right after the abuse and Halle recreated the pose as if to say it means nothing. That is a very strange thing to do. And it was reported her daughter was not there, now Halle claims she was. Bullshit.
I haven’t been following this at all but any child of an ugly divorce/custody suit recognizes so much of the pain of being put in the middle. That child has already experienced irreparable psychological harm even if this all stops today. I’m in my 50s and to this day suffer from people pleaser syndrome. I recognize it. I know I can’t blame childhood trauma for any personal flaw, but my brain still screams “tell them what they want to hear.” How do they not see the trauma they’re causing?
MightyMolly, sorry for your experience. The parents are blinded by their hatred of each other. That’s my best guess.
Thank you, JFerber. You’re right of course but my parents were young and from a generation before people talked about mental health. For two 60 year olds in this era – and one claiming a background in helping abuse survivors – to be so angry at each other they can’t see the impact on their children… it’s hard to believe.
YES! Why is all this mess being kept in the public eye for so long? If anyone really cares for this boy, they would be demanding that all the court filings be sealed.
Macro is 13 years old, and he is part of a highly contentious separation of his parents. There are protocols for how he is handled by the court in California, and the judge is going to do things that feel unfair to Maceo, Halle and Olivier.
Maceo will be pulled in to speak with the judge. I’m sure that there are already reams of evaluations for the court to read about him and any issues he has had. The evaluations give recommendations, and experienced psychologists and judges know when a young person is being manipulated by one side or the other.
In my view, Olivier resents Halle and is encouraging poor behavior based on Olivier’s refusal to participate in therapy with the family and on Maceo’s outbursts at school. Halle will be criticized by Olivier no matter what she says or does as she tries to teach Maceo how to move in the world. It looks to me like she is the one who is making the hard choices that Maceo doesn’t like.
My opinions are based on my own highly contentious breakup with an abusive man, being in court for over a decade with my child’s father, and going through all of this when my child was about Maceos’s age. My child also hated me then, and was combative based on their father’s influence, and now I have an 80-year domestic violence restraining order and my child wants nothing to do with their father because they were a victims of my ex’s abuse. I was portrayed as the abuser in court by my ex, and he turned many in our community against me. All I could do was keep going to court and fighting for my kid, because I knew my ex was angry and dangerous. My kid is fine now that father has been removed legally from the picture.
@Christina I’m so sorry that all happened. I hope you and your kid have recovered emotionally. I’m glad your child has a nurturing parent looking out for them. 🤗
Stop talking. The child probably read the comments (if he hasn’t already). Keep this very private for the child’s sake.