Halle Berry Seeks to Reinstate 50/50 Custody, Claims Domestic Violence Victim Status

Halle Berry has requested a Los Angeles Superior Court to reinstate a previous 50/50 custody arrangement for her 13-year-old son, Maceo, with ex-husband Olivier Martinez. The filings, made on Monday, also saw Berry, 60, characterize herself as a victim of domestic violence. This move comes in response to allegations that she had been physically abusive toward their son.

Berry, an Academy Award winner, asked the court to grant her tie-breaking authority and mandate that Martinez, 60, participate in court-ordered therapy sessions. These requests were filed days after Martinez secured a temporary domestic violence restraining order against Berry. He claimed she had been abusive to Maceo in an incident on September 26, allegations Berry has denied.

In her ex parte application, 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. I am not a perpetrator of violence. I would never hurt our child."

Berry's legal filing outlined several concerns regarding Martinez's conduct and its impact on their co-parenting. She alleged that Martinez has continued to make unilateral decisions about Maceo’s education and extracurricular activities without her prior consent. According to Berry, Martinez "consistently places Maceo... in the middle of our conflict" and interferes with their therapeutic efforts. She claimed their son would exhibit negative behaviors, becoming "angry and combative" after visits with his father.

"He would talk back to me, be untruthful, and do sneaky things (last year, I caught Maceo reading my text messages while on FaceTime with Olivier)," Berry stated in the filing. "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."

Berry further alleged that Martinez attempts to align Maceo with him against her, leading Maceo to express anger towards her regarding issues Martinez and Berry are discussing. She claimed that Maceo would repeat disputes and side with his father. "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," Berry stated.

She also claimed Martinez has refused to pursue necessary "educational and psychoeducational services" for their son and uses Maceo’s soccer activities as leverage in negotiations concerning his educational and therapeutic needs. Berry asserted that Martinez has accused her of being a risk to their child by spreading false stories to his teachers and therapists.

Berry argued that Martinez's actions and lack of cooperation regarding Maceo’s psychological and educational needs have been detrimental to their son's health and welfare. She stated that Martinez's refusal to allow early interventions has caused Maceo to fall further behind in school and worsened his behavioral issues, negatively impacting her relationship with her son.

Martinez, in a responsive declaration, requested the court reject Berry’s requests. He referenced the temporary restraining order he obtained against her based on claims of physical abuse toward Maceo. A source close to the situation told The Daily Mail that there is significant animosity between the ex-spouses amid their custody dispute.