Olivier Martinez Says Halle Berry’s Son Wants to Testify in Custody Dispute

Halle (The Brussels Morning Newspaper) – October 13, 2026 – French actor Olivier Martinez says his 13-year-old son, Maceo, wants to address the court directly during ongoing custody proceedings involving his former wife, American actress Halle Berry. In recently reported court documents, Martinez said the teenager wanted to explain his account of an alleged incident on September 26 and express his preferences regarding custody. Berry has denied allegations that she physically or emotionally abused their son, and her lawyer has described Martinez’s accusations as misleading. The dispute follows a temporary restraining order granted on October 1 and competing requests concerning parental custody and Maceo’s welfare.

What Has Olivier Martinez Said About His Son’s Request to Testify?

Martinez’s latest court filing has brought Maceo’s potential involvement in the custody proceedings into focus. According to reports published by People and Us Weekly on October 12, the French actor said his son wanted to speak to a judge and provide his account of the events that led to the dispute.

In his declaration, Martinez argued that Maceo should have the opportunity to explain what he experienced during the September 26 incident. He also said the teenager wanted to communicate his preferences about the custody arrangement.

“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote, according to People.

Martinez said he was concerned that preventing his son from addressing the court could discourage the teenager from reporting problems or potential abuse in the future. He maintained that Maceo’s account would be important to the court’s consideration of the incident.

The actor also expressed concern that Berry might seek to prevent their son from speaking directly to a judge. That assertion forms part of Martinez’s position in the ongoing legal dispute; it does not establish that Berry has attempted to prevent the testimony or that the court has decided whether Maceo will be heard.

Martinez further claimed that his son had previously raised concerns about his mother’s physical behaviour with therapists, but that those concerns had been downplayed or dismissed. These statements were attributed to Martinez in his court declaration and have not been independently established as findings by a court.

The central development is therefore a request for the teenager’s perspective to be considered during proceedings that concern his living arrangements and welfare. Whether and how a 13-year-old may participate remains a matter for the court.

What Allegedly Happened During the September 26 Incident?

The custody dispute intensified after an incident that Martinez alleges occurred at Berry’s home on September 26.

According to reporting by Entertainment Weekly and Us Weekly, Martinez claimed that Maceo contacted him about an argument with his mother. Martinez alleged that Berry had physically attacked the teenager, put her hands around his neck and choked him.

Reports also said the disagreement involved Maceo wearing a virtual reality headset. According to the allegations described in the court filings, Berry criticised the teenager’s appearance while he was wearing the device.

These accounts have been presented as allegations made by Martinez, rather than independently verified descriptions of what happened. Berry has firmly denied abusing her son.

The September incident became a central issue in the custody proceedings after Martinez sought court intervention. His filing alleged that the event was not an isolated concern and referred to other instances of alleged abuse in previous years.

The allegations prompted a wider dispute over the parents’ respective accounts of their relationship with Maceo, the circumstances surrounding the incident and the arrangements that would best serve the teenager.

Berry’s response has been that she did not physically or emotionally abuse her son. Her legal team has disputed Martinez’s account and challenged the way his allegations have been presented.

As of the latest reports dated October 12 and 13, the available coverage does not establish a judicial finding that Berry committed the alleged abuse. The distinction between claims made in legal documents and findings established through court proceedings remains essential to understanding the case.

How Has Halle Berry Responded to the Abuse Allegations?

Berry has rejected Martinez’s accusations in a declaration filed with the Los Angeles Superior Court.

In the statement, reported by Entertainment Weekly on October 6 and by People in its coverage of the proceedings, the actress said she had never physically, emotionally or otherwise abused Maceo.

“I would never hurt our child,” Berry stated in her declaration.

She also referred to her experience as a survivor of domestic violence and her work supporting victims. Berry said she was not a perpetrator of violence and disputed the allegations made against her.

Through her lawyer, Marina Beck, Berry has described Martinez’s claims as “entirely meritless and deliberately misleading”. Her legal team has also accused Martinez of interfering with efforts concerning Maceo’s therapeutic and educational needs.

Berry has challenged the change to the existing custody arrangements and asked the court to restore the previous equal-custody agreement. She has also sought counselling involving herself and Martinez, according to Entertainment Weekly.

Her filings have presented a substantially different account of the family situation from the one advanced by Martinez. Berry has alleged that the conflict between the parents is affecting her relationship with their son and has disputed her former husband’s characterisation of her conduct.

Those claims, too, form part of the parties’ competing legal positions. They should not be treated as established findings about either parent.

The disagreement has consequently developed beyond the September incident itself. Both parents have raised questions about Maceo’s welfare, the quality of their co-parenting relationship and the extent to which their competing accounts should influence decisions about custody.

Berry’s public position has remained that she did not abuse her son and that decisions in the case should prioritise his best interests.

What Is the Current Status of the Custody Dispute?

Martinez sought an emergency change to the parents’ custody arrangement after making the allegations against Berry.

According to People and Us Weekly, he filed for sole custody on October 1 and obtained a temporary domestic violence restraining order on behalf of himself and Maceo. The order also affected Berry’s contact with her son while the proceedings continued.

Before the latest dispute, Berry and Martinez had shared custody under an arrangement established following their divorce proceedings. Berry has asked the court to restore the 50-50 arrangement.

The temporary order represents an interim legal measure, not a final determination that the allegations against Berry have been proved. The longer-term custody arrangements remain subject to the court process.

The latest filings have also raised questions about who should be permitted to provide information to the judge. Martinez has argued that Maceo should be allowed to speak directly about the September incident and his custody preferences.

At the same time, the parents have advanced conflicting positions on their daughter’s involvement in the case. Martinez has argued that Berry’s 18-year-old daughter, Nahla Aubry, should not be involved in the custody proceedings concerning Maceo.

According to Us Weekly, Martinez described Nahla as biased and argued that her participation would not be relevant to the case. Nahla, whose father is Berry’s former partner Gabriel Aubry, had submitted a declaration defending her mother against the allegations.

The court must consider the requests and evidence presented through the relevant legal procedures. The available reporting does not establish that a final decision has been made on Maceo’s proposed testimony or the long-term custody arrangement.

What Has Maceo’s Older Half-Sister Said About the Allegations?

Nahla Aubry, Berry’s 18-year-old daughter from her previous relationship with Gabriel Aubry, has submitted a declaration defending her mother.

According to People, Nahla filed the statement in Los Angeles Superior Court on October 3. She said she had not witnessed abusive behaviour by Berry towards Maceo and described her mother as a loving and involved parent.

Nahla stated that she had never seen Berry hit, slap, choke, grab or physically abuse her half-brother. She also denied witnessing conduct resembling the alleged incident involving Maceo’s neck.

Her declaration provided a family member’s account that differed from the allegations made by Martinez. However, Nahla’s statement does not independently establish everything that occurred during the September 26 incident.

Martinez subsequently challenged Nahla’s involvement in the proceedings. In court documents reported by Us Weekly on October 12, he argued that she did not have a significant bearing on the case and questioned her impartiality.

The dispute over Nahla’s participation is separate from Martinez’s request for Maceo to address the court. Martinez has argued that his son should be allowed to express his own account and custody preferences, while objecting to the involvement of Berry’s daughter.

The competing declarations illustrate how the proceedings have included statements from members of the family alongside the parents’ legal submissions. The weight given to those statements, and whether further testimony will be permitted, remains a matter for the court.

Neither Nahla’s declaration nor Martinez’s allegations should be confused with a final judicial determination of the disputed events.

Why Does Martinez Believe His Son’s Testimony Is Important?

Martinez’s latest declaration places particular emphasis on Maceo’s opportunity to explain his own experiences.

The actor has argued that his son should be able to tell a judge what happened during the September incident and communicate his views about custody directly. He has also claimed that the teenager is worried that his concerns will not be believed because they involve his mother.

According to People, Martinez said Maceo had told him that previous concerns raised with therapists about his mother’s alleged physical behaviour had been dismissed or played down. This remains Martinez’s account of conversations with his son; the reports do not establish that the therapists independently confirmed his description.

Martinez argued that allowing Maceo to speak could help the court understand the teenager’s perspective. He also expressed concern that preventing the boy from addressing the judge could discourage him from reporting potential problems in the future.

The filing reflects Martinez’s stated position that Maceo’s welfare requires the court to hear his account. It does not, however, establish that the court must permit the teenager to testify or that the allegations in the declaration have been proved.

Berry’s legal team has disputed Martinez’s broader allegations and accused him of presenting a misleading account of the family situation. The two sides therefore disagree not only about the September incident but also about the circumstances affecting Maceo and how the court should address his interests.

The question of the teenager’s participation is one part of a wider custody dispute in which the court is being asked to consider competing accounts and requests concerning parental responsibility.

What Are the Next Steps in the Los Angeles Court Case?

The parties are continuing to pursue their respective requests concerning custody and contact with Maceo.

Us Weekly reported on October 12 that a further hearing was scheduled for Friday, October 16. Martinez had sought emergency changes to the existing custody agreement, while Berry had asked for the restoration of equal custody.

The proceedings also involve the temporary restraining order obtained by Martinez on October 1. The restrictions described in media reports are interim measures, and the available coverage does not establish that they represent a final resolution of the allegations.

The latest filings add the question of Maceo’s proposed testimony to the issues before the court. Martinez has said the teenager wants to discuss both the alleged September incident and his preferences regarding custody.

The court’s decisions will determine how those requests are handled within the ongoing proceedings. As of October 13, the reports reviewed for this article do not confirm a final ruling permitting Maceo to testify or resolving the parents’ competing custody applications.

Berry’s request to restore the previous arrangement and her denials of the allegations remain part of the dispute. Martinez continues to maintain that the allegations warrant intervention and that his son should have an opportunity to speak.

Further developments will depend on the court’s consideration of the applications, declarations and other material submitted by the parties.

What Is the Background to Halle Berry and Olivier Martinez’s Custody Battle?

Berry and Martinez married in 2013 and later separated. They share one son, Maceo, who is 13.

Their relationship and subsequent separation have involved legal proceedings over family arrangements. According to Entertainment Weekly, their divorce was finalised in 2023 following an extended legal process, while the parents had a 50-50 custody agreement for their son.

The latest dispute has placed that arrangement under renewed scrutiny. Martinez’s October 1 filing followed the incident he alleges occurred on September 26. Berry subsequently denied the accusations and sought to restore the previous custody arrangement.

The case has since included competing declarations about the alleged incident, the parents’ relationship with Maceo and the role of other family members in the proceedings.

Berry’s daughter Nahla has submitted a statement defending her mother, while Martinez has argued that Nahla should not participate in the custody litigation. His latest filing takes a different position on Maceo, whom he says should be allowed to communicate directly with the judge.