Halle Berry Seeks Return to 50/50 Custody, Says Son Returns From Olivier Martinez's Home 'Angry and Combative'

Halle Berry is asking a Los Angeles court to restore the 50/50 custody arrangement she previously shared with ex-husband Olivier Martinez, escalating their legal battle over their son, Maceo.

In a new filing, the 60-year-old actress is seeking a return to the custody framework established when the former couple finalised their divorce in 2023. Berry also wants tie-breaking authority restored for certain parenting decisions and is seeking Martinez's participation in co-parenting counselling.

The request comes days after Martinez sought sole legal and physical custody of their son and obtained a temporary restraining order against Berry following allegations that she physically assaulted Maceo during a September incident. Berry has strongly denied the accusations through her legal team.

Berry Says Son Returns 'Angry and Combative'

In her latest filing, Berry accused Martinez of attempting to align their son with him during disputes between the former spouses.

She claimed Maceo would sometimes return from Martinez's home 'angry and combative' and that it could take several days for him to settle back into her household. Berry also alleged that her son appeared to know details of private disagreements between his parents.

Those disagreements, according to Berry's filing, have included decisions involving school, football and therapy. She claimed Maceo would sometimes tell her what he and his father planned to do before the parents themselves had reached an agreement.

Concerns Over Unilateral Decision-Making

Berry also raised concerns over what she described as unilateral decision-making by Martinez regarding their son's education and wellbeing, along with alleged interference in therapeutic work involving Maceo.

She said she had hoped the parenting agreement reached in 2023 would improve communication between herself and Martinez, but claimed it instead resulted in further conflict.

The latest dispute is not the first time Berry has sought a major change to their custody arrangement. In 2024, she sought sole legal custody while accusing Martinez of failing to co-parent effectively and of interfering with efforts to address their son's educational and therapeutic needs.

Custody Battle Escalates After Restraining Order

The new filing comes after Martinez accused Berry of physically assaulting Maceo during an alleged incident on 26 September.

Martinez claimed Berry put her hands around their son's neck during an argument and subsequently sought sole legal and physical custody. A Los Angeles Superior Court judge granted temporary protections and modified Berry's visitation schedule while the allegations are considered.

Martinez had also asked the court to require sobriety testing around Berry's visits with Maceo, but the judge declined that request pending a further hearing.

Filings Present Sharply Different Accounts

Berry's lawyer has rejected Martinez's allegations, calling his filing 'entirely meritless and deliberately misleading' and accusing him of previously interfering with their son's educational and therapeutic support.

The competing filings now present sharply different accounts of the family dispute. Martinez is seeking stronger restrictions and sole custody, while Berry wants the previous shared-custody arrangement restored and greater cooperation over decisions involving their son.

Berry and Martinez married in 2013 and filed for divorce in 2015. Their divorce was eventually finalised in August 2023, when they agreed to joint custody of Maceo.

A further court hearing is scheduled for 16 October, when the temporary arrangements and the latest custody requests are expected to face additional review.