Halle Berry is asking a judge to restore the 50/50 custody arrangement she previously shared with ex-husband Olivier Martinez as their ongoing legal battle over their 12-year-old son, Maceo, intensifies.
According to court documents obtained by PEOPLE, Berry is seeking to reinstate a custody agreement from August 2023 that gave her and Martinez equal physical custody. She also wants her previous tie-breaking authority restored and is asking the court to require Martinez to participate in their court-ordered co-parenting therapy.
Berry’s filing comes days after Martinez sought sole custody and a temporary restraining order, alleging that Berry physically abused Maceo. A judge granted Martinez’s request for a temporary restraining order covering both him and their son, while modifying Berry’s visitation schedule.
Berry did not directly address Martinez’s abuse allegations in the filing described by PEOPLE. Instead, she raised a series of concerns about Martinez’s relationship with Maceo and how their disagreements allegedly affect their son.
One of Berry’s central claims is that Martinez’s anger toward her has influenced Maceo’s behavior. She alleged that Martinez has attempted to align Maceo with him in disagreements involving the family, including matters concerning soccer, school and therapy.
Berry further claimed that Maceo would return from time with his father “angry and combative,” alleging that it could take two or three days for him to readjust after returning to her home.
She also alleged that Martinez’s approach to decisions involving Maceo has undermined her authority as a parent, claiming their son would sometimes know about disagreements before Berry and Martinez had reached a decision.
The actress also accused Martinez of failing to cooperate with interventions she believes are important to Maceo’s psychological and educational needs. Berry claimed that his alleged refusal to allow certain early interventions contributed to problems at school and worsening behavior.
Berry is also asking the court to force Martinez back into their court-ordered therapy process. The former couple agreed to co-parenting therapy in 2024 in an effort to resolve disputes surrounding their son, but the process later became contentious.
Another point raised by Berry involves her relationship with musician Van Hunt. She alleged that Martinez has refused to accept Hunt’s role in Maceo’s life and has declined to allow family therapy involving Berry, Hunt and their son.
Martinez has asked the court to reject Berry’s latest request. In his response, he maintained that there is an alleged risk of “immediate danger” to Maceo and pointed to the temporary restraining order already granted by the judge.
The competing filings leave the former couple in another major custody dispute, with both parents presenting sharply different accounts of what is best for their son.
Berry and Martinez finalized their divorce in 2023 after nearly eight years of proceedings. Their original agreement provided for joint legal custody of Maceo, while Berry agreed to pay Martinez $8,000 per month in child support, plus additional support tied to income above $2 million.
For now, the custody battle remains before the court, with Berry seeking a return to the previous 50/50 arrangement while Martinez is fighting for sole custody.
