Academy Award winner Halle Berry is facing a severe legal challenge after her ex-husband, French actor Olivier Martinez, filed an emergency custody petition in California on October 2. Martinez accused Berry of physical abuse, alleging she strangled their 12-year-old son, Maceo, during a September 26 altercation. Berry has firmly denied the allegations, with her legal team calling the claims unfounded.
Olivier Martinez Seeks Sole Custody of Maceo
- Olivier Martinez filed an emergency petition in California seeking sole custody of 12-year-old Maceo and a restraining order against Halle Berry.
- Court documents allege that Berry grabbed Maceo by the neck and choked him on September 26, following a dispute over virtual reality glasses.
- Berry’s attorney, Marina Beck, condemned the filing as “totalmente infundada y deliberadamente engañosa” (completely unfounded and deliberately misleading), maintaining that Berry remains a dedicated mother.
Court Papers Allege Berry Choked Maceo
The legal documents submitted to California courts outline a dramatic domestic incident on September 26. According to Olivier Martinez’s filing, the confrontation began while Maceo was playing with a virtual reality headset. Court papers allege that Berry called the boy “very stupid” and “an idiot” before lunging at him. Martinez stated in the record that Berry grabbed Maceo around the neck and applied pressure while shouting, “Who rules now? Who rules?”. Maceo, who has been diagnosed with ADHD, mild dyslexia, and specific learning disorders, subsequently placed a panicked 27-second phone call to his father asking to be picked up.
Martinez’s petition expands past the September incident, alleging a pattern of verbal and physical hostility. Telecinco reported that Martinez’s filings claim Berry forced the child to the ground and subjected him to emotional distress, alongside concerns regarding alcohol consumption that prompted a rejected request for court-ordered sobriety testing. Martinez requested both sole legal custody and a restraining order.

Leaked Texts Show Berry Frustration over Maceo
The ongoing legal friction is laid bare in leaked text message transcripts included in the court files. Exchanges show a tense back-and-forth between the former couple regarding Maceo’s wishes to leave his mother’s home early. Berry expressed profound frustration to Martinez via text, writing, “I am his mother and this is wrong! He had no respect for his mother and this shouldn’t be okay with you as his father! He disrespects me and thinks I have no say in anything. I am just a source of money! This is unfair and very wrong.”
By the following day, September 27, Berry’s tone shifted as she attempted to reach out to her son directly. She messaged Martinez, saying, “Oliver, I’ve reached out to Maceo and asked him to speak with me. I know you’re convinced he makes his own decisions, but I would really appreciate it if you encouraged him to talk to me today. I feel terrible about what happened last night, and I know he does too.” Meanwhile, sources close to Berry stated that the actress is devastated by the public disclosures, maintaining that Martinez is weaponizing their child to cause her reputational harm.
Custody Warfare
This emergency filing represents a volatile escalation in a protracted legal saga. Berry and Martinez married in July 2013, welcomed Maceo in October 2013, and separated in 2015. However, their contentious divorce proceedings dragged on for eight years before officially concluding in 2023, establishing a shared physical and legal custody arrangement alongside monthly support obligations.
| Milestone | Details |
|---|---|
| Marriage | July 2013 |
| Birth of Maceo | October 2013 |
| Divorce Filing | 2015 (Finalized in 2023) |
| Emergency Petition Filed | October 2 |
Marina Beck, attorney for the Oscar-winning actress, pushed back against the emergency motion with absolute clarity. “To say that this petition is completely unfounded and deliberately misleading would be an understatement,” Beck stated. Beck added that while Berry is deeply distressed by the unfolding allegations, she refuses to let the behavior deter her from fighting for what serves Maceo’s best interests.
