A Los Angeles judge has ruled that Halle Berry’s 13-year-old son, Maceo, can testify in court as the actress continues her heated custody battle with ex husband Olivier Martinez. The decision comes after Martinez accused Berry of physically abusing their son, allegations the Oscar winning actress has firmly denied.
According to court documents, Los Angeles Superior Court Judge Shelley Kaufman approved Maceo’s participation but placed specific restrictions on what he can address.
“The minor child is permitted to testify,” Kaufman stated, according to Page Six.
“Testimony by the minor child shall be limited to the request for the issuance of a restraining order,” the judge added.
The ruling marks a significant development in the Halle Berry custody battle, which has intensified following allegations involving an incident on September 26, 2026. However, allowing Maceo to testify does not establish whether the accusations against his mother are true.
Kaufman also ordered that “The minor child shall not be coached.” His testimony will take place inside a closed courtroom, with only the parents, attorneys, and court personnel permitted to attend. The restraining order hearing is scheduled for October 16.
Martinez, 60, requested the restraining order on October 1 after alleging that Berry, also 60, attacked Maceo during a disagreement involving a virtual reality video game. In his filing, Martinez claimed Berry jumped on their son, placed her hands around his neck, and choked him.
The court subsequently granted a temporary restraining order and modified the family’s custody arrangement. Martinez is seeking sole custody and maintains that Maceo should be allowed to explain his experience directly to the judge.
“Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court at this time,” Martinez stated in documents reported by Page Six.
“He should have the opportunity to have his voice heard regarding what he experienced that night. … I believe that our son’s testimony will be the key to the Court learning the full truth about the events that occurred on September 26th,” he continued.
Martinez also questioned Berry’s opposition to their son’s appearance.
“I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice.”
Berry has offered a sharply different account. In a sworn declaration reviewed by People, she denied ever abusing her son.
“I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.”
She added, “I am not a perpetrator of violence. I would never hurt our child.”
The actress also raised concerns that Martinez had been discussing the litigation with Maceo while the teenager was primarily staying with his father. Berry argued that her son could have been coached or manipulated and urged the court to consider accounts from adults familiar with the incident.
Those individuals include Berry’s fiancé, musician Van Hunt, and her 18-year-old daughter, Nahla Aubry, whom she shares with former boyfriend Gabriel Aubry.
Nahla submitted a declaration supporting her mother. According to the Los Angeles Times, she described Berry as a supportive parent and said she had never witnessed her behaving violently toward anyone.
Martinez, however, challenged Nahla’s involvement and asked the court to prevent her from testifying.
“Ms. Aubry does not have any significant bearing on this case,” he argued, according to Page Six.
“Ms. Aubry is unquestionably biased. I do not believe it is appropriate for [Berry] to try to insert her daughter into litigation that does not involve her,” his filing continued.
The competing statements add another layer to the Halle Berry custody dispute, particularly as both parents maintain they are acting in Maceo’s best interests.
Court records reviewed by the Los Angeles Times show that the temporary restrictions reduced Berry’s parenting time to designated weekday and alternating weekend visits. The actress has been seeking to restore the previous shared custody arrangement.
The legal conflict also stretches back well before the latest allegations. Berry and Martinez married in July 2013, welcomed Maceo that October, and filed for divorce in 2015. Their divorce was not finalized until August 2023, when they agreed to joint custody.
Under that settlement, Berry agreed to pay Martinez $8,000 monthly in child support, along with additional support tied to her earnings.
Their parenting disagreements continued afterward. In May 2024, the former couple agreed to participate in co-parenting therapy designed to address ongoing conflicts. By August, Berry had returned to court, alleging that Martinez was failing to comply with agreements and interfering with decisions affecting their son. Martinez disputed her accusations.
Now, the Halle Berry custody battle has reached a particularly sensitive stage, with their teenage son permitted to give his account under court supervision.
While Martinez believes Maceo’s testimony is necessary to establish what happened, Berry continues to reject the abuse allegations and questions the circumstances surrounding her son’s proposed testimony.
The October 16 hearing is expected to address the request for a restraining order, with the judge’s decision on Maceo’s participation leaving the underlying abuse allegations and longer-term custody issues unresolved.
