Olivier Martinez Seeks Sole Custody of Halle Berry's Son, Alleging Actress Choked Their 12-Year-Old Child

Olivier Martinez has secured a temporary restraining order against Halle Berry while seeking sole custody of their 12-year-old son, Maceo, after alleging the actress choked the boy during a confrontation at her home.

The allegations, made in court documents filed on 1 October, have not been proven, while Berry's lawyer has branded the filing 'entirely meritless and deliberately misleading'.

A Los Angeles County judge granted Martinez's request in part, giving him temporary primary custody and limiting Berry to court-ordered visits and ordering the former couple to attend mediation. The order will remain in effect until a hearing scheduled for 16 October, when the court will consider whether to extend the order.

Martinez Alleges Choking Incident

In his declaration, Martinez, 60, alleged that Berry, also 60, physically attacked Maceo on 26 September after entering the boy's bedroom while he was playing a virtual-reality game.

According to Martinez's account, Berry allegedly criticised her son before the confrontation became physical. He claimed she jumped on Maceo, grabbed him around the neck and choked him while repeatedly asking who was dominant.

Martinez said the alleged incident was not isolated. He claimed that there had been previous physical incidents involving Maceo, as well as verbal and emotional abuse directed at Martinez. He is asking the court to replace the former couple's existing joint custody arrangement with sole legal and physical custody.

Son Allegedly Asked Dad to Collect Him

Martinez's filing also describes an urgent series of calls and messages that he says followed the alleged confrontation. According to court documents reported by Page Six, Maceo allegedly called his father in a panic and asked him to come and collect him.

The boy later sent messages asking, 'Are u here please come,' while Martinez said he was travelling to Berry's home.

Martinez claimed Maceo subsequently left the house with his belongings. He also alleged that Berry contacted him the following morning and said she felt terrible about what had happened.

The messages included in the filing reportedly show the former couple continuing to argue over whether Maceo should remain with Martinez, with Berry maintaining that she was his mother and objecting to the decision.

Berry's Lawyer Rejects Claims

Berry's legal team has strongly disputed Martinez's account.

Her attorney, Marina Beck, described the filing as 'entirely meritless and deliberately misleading' and alleged that Martinez has repeatedly violated court orders and interfered with therapeutic and educational interventions involving Maceo.

Beck said Berry remained focused on her son's welfare and would continue fighting for what she believes are his best interests.

Martinez's lawyer, meanwhile, said his client's primary concern was Maceo's health, welfare and safety. His legal team has characterised the custody application as an attempt to protect the child following the alleged incident.

Custody Dispute Has Long History

The latest allegations come after years of disagreements between the former couple over their son's upbringing.

Berry and Martinez finalised their divorce in 2023 after an extended legal battle and agreed to share joint legal custody of Maceo. Berry was also ordered to pay Martinez $8,000 a month in child support, along with additional financial obligations connected to their son's education and activities.

In May 2024, the pair agreed to participate in co-parenting therapy designed to resolve disputes and improve their ability to raise Maceo together. Berry later sought further court intervention, alleging that Martinez had violated agreements and court orders.

The current dispute now puts their custody arrangement under renewed scrutiny, with Martinez seeking sole custody while Berry's lawyers challenge his allegations. For now, the restraining order and revised visitation schedule are temporary, with the next major decision expected at the 16 October hearing.