A judge may soon hear directly from Halle Berry‘s 13-year-old son after his father, Olivier Martinez, claimed the teenager wants to testify about an alleged physical confrontation with his mother.
The latest development in the Halle Berry custody battle comes as both parents present conflicting accounts of an incident at the actress’s home on September 26, 2026. According to court documents obtained by TMZ, Martinez claims their son, Maceo, wants to explain what happened and tell the judge which parent he prefers to live with.
In a declaration obtained by People, Martinez argued that his son’s perspective deserves consideration.
“He should have the opportunity to have his voice heard regarding what he experienced that night,” he wrote. “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.”
The actor also claimed Maceo photographed his mother following the confrontation because he worried nobody would believe his account. According to the filing, the teenager allegedly told his father that previous complaints about his mother’s physical behavior had been dismissed or minimized.
However, the photograph has become another point of disagreement.
Berry challenged the suggestion that the image supported allegations against her. She reportedly argued that the photograph showed her standing calmly with her hands in her pockets, several feet away from her son. She also said the image did not establish that any abuse occurred.
The underlying dispute began when Martinez alleged that Berry physically attacked Maceo during an argument involving a virtual reality game. According to his account, the actress put her hands around their son’s neck and choked him.
Berry has firmly denied those allegations.
In an October 5 declaration, she 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 added, “I am not a perpetrator of violence. I would never hurt our child.”
According to Berry’s version of events, she entered her son’s room to address his gaming, and their interaction turned into playful roughhousing. She alleged that Maceo became upset and pushed her, prompting her partner, Van Hunt, to intervene. She also submitted video evidence that she maintained contradicted Martinez’s allegations.
The accusations prompted an immediate change in the family’s custody arrangement. According to TMZ’s reporting on the court order, Martinez obtained a temporary restraining order on October 1, while Berry’s parenting time was restricted. The order did not represent a final determination that abuse occurred.
Martinez is seeking sole custody, while Berry wants their previous equal parenting arrangement restored.
The request to hear directly from Maceo also raises an important legal question. Under California custody law, judges must consider children’s wishes while protecting their best interests. Children younger than 14 can address the court when a judge determines it is appropriate, but their testimony is not automatically required.
That means Maceo’s reported desire to testify does not guarantee he will appear before the judge.
The Halle Berry custody dispute also involves disagreements about their son’s medical care.
According to TMZ, Martinez characterized Berry’s October 5 emergency court request as “retaliatory.” He claimed their son’s pediatrician and psychiatrist agreed on September 21 that medication was not appropriate at that time.
Martinez further alleged that Berry knew about the medical recommendation and acknowledged it in writing before presenting what he called a “false narrative” about his interference with their son’s treatment. Those claims remain disputed.
Meanwhile, Berry has accused Martinez of interfering with professional support and educational decisions involving their son. Her previous court filings also raised concerns about their son’s behavior and the impact of their ongoing parenting disagreements.
Another family member has entered the controversy.
Berry’s 18-year-old daughter, Nahla Aubry, whom she shares with former partner Gabriel Aubry, submitted a sworn declaration defending her mother’s parenting.
“I never observed anything abusive about her parenting,” Nahla stated in the declaration.
However, Martinez has challenged her involvement. He asked the court not to consider her testimony, arguing that she is biased and that the proceedings concern his son rather than his former stepdaughter.
The disagreement highlights the competing positions surrounding which family members should be heard.
The former couple’s legal tensions also predate the current allegations. Berry and Martinez married in 2013, separated in 2015, and finalized their divorce in 2023. Their custody agreement included shared parenting responsibilities, but disputes over therapy and other parenting decisions continued in subsequent years.
The two are scheduled to return to court on October 16, 2026. Whether Maceo will be permitted to address the judge remains unresolved.
