Halle Berry’s ex is seeking sole custody after accusing her of choking their teenage son, while a longtime source says her rage is sometimes out of control.
Olivier Martinez has asked a Los Angeles court for sole legal custody of their son, Maceo, and a domestic violence restraining order against Halle Berry, according to court papers described in recent reporting. The filing claims Berry choked and physically abused the boy during an altercation at her Los Angeles home on Sept. 26.
Page Six reported that Martinez’s papers tie the alleged choking to a fight over virtual reality goggles and say Berry called Maceo “such an idiot.” He also alleged multiple instances of abuse over the past year and a half, though those details have not been laid out in full in the coverage.
Berry and her legal team called the claims “meritless and deliberately misleading.” She has filed her own formal response seeking sole legal custody and restored authority over major decisions for the teen.
Martinez currently has temporary custody of Maceo. An LA judge ruled this week that the teenager can testify. Berry still holds tie-breaking rights on decisions and overnight physical custody, the reporting states.
In her Wednesday filing, Berry blamed Martinez for the boy’s recent behavioral issues at school. She asked the court for sole legal custody. If the judge refuses, she wants final say on education, medical care, and mental health if the parents cannot agree after 72 hours.
Her filing included declarations from fiancé Van Hunt, daughter Nahla, and school staff. The next hearing is set for Monday.
Nahla, Berry’s 18-year-old daughter with model Gabriel Aubry, filed a declaration in Los Angeles Superior Court supporting her mother. She described Berry as a loving parent who can be strict when needed.
In the court statement obtained by Page Six, Nahla said:
"I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way."
She went further on the specific choking claim:
"I have never seen my mom place her hands around Maceo’s neck, put him in a chokehold, restrict his breathing, or engage in any conduct remotely resembling the allegations that have been made against her."
Nahla also called her mother warm, supportive, and deeply involved, and said she never observed anything abusive about her parenting.
Berry’s rep and attorney declined to comment beyond the court response.
A person who has known Berry for years offered a harsher private portrait, while stopping short of endorsing the abuse claims. The source told Page Six that Berry’s temper can turn without warning.
"Halle can be the loveliest human being you’ve ever met, then within seconds she’ll fly into a rage."
The same source said many people around her have seen a “dysregulation” in her moods, and that no one in her life is fully immune to the swings. The source added a clear caveat: personal knowledge of mood swings is not the same as proof she harmed her son.
"When you put all the pieces together you see there might be a mood issue happening. However, this doesn’t make her guilty of what she’s being accused of."
On the money and custody stress, the source was blunt. Martinez “has his own issues,” the person said, and both men in her recent parenting fights have relied on her financially.
"These custody situations enrage Halle. And she has to support these men. They have both relied on her to support them, so it’s understandable that she would get upset, but her rage is sometimes out of control."
Another insider described whiplash between “extreme kindness and then extreme bile and rage within minutes.” A longtime friend separately characterized her as capable of seeming “irrational.” None of those anonymous accounts is a court finding.
Berry, 60, made Oscar history in 2002 as Hollywood’s first Black Best Actress winner. Her personal life has been a long string of high-conflict splits.
She previously married baseball player David Justice and singer-songwriter Eric Benét. She later dated Aubry; their daughter Nahla was born in 2008. The couple split in 2010 and fought for years over parenting.
In 2014, a court ordered Berry to pay Aubry $16,000 a month in child support, plus Nahla’s private school tuition, $115,000 in retroactive support, and $300,000 in his attorney fees. She later took him to court alleging he dyed and straightened Nahla’s hair. He denied it.
Berry met Martinez on the set of “Dark Tide.” They married in July 2013 at a chateau in Vallery, France. Maceo was born about three months later. They announced their separation in fall 2015. The divorce dragged on for roughly eight years and was finalized in August 2023.
Under that judgment, Berry was ordered to pay Martinez $8,000 a month in child support, plus 4.3% of any income above $2 million a year. She also covers Maceo’s private school, health insurance, extracurriculars, and therapy.
The two men in her orbit already had a violent collision of their own. On Thanksgiving 2012, Aubry and Martinez fought outside Berry’s home. Aubry suffered a broken rib, severe facial bruising, and a possible head injury. Martinez had injuries to his hand and neck. Aubry was arrested for misdemeanor battery. Both got temporary restraining orders. The legal issues were settled days later, and neither man was charged.
Berry’s court history is not limited to family fights. In February 2000, she ran a red light on Sunset Boulevard in Hollywood and crashed into a car driven by Hetal Raythatha. Berry left before police arrived. Investigators found no evidence of alcohol or drugs.
She was first charged with a felony, later reduced to a misdemeanor for leaving the scene. In May 2000 she pleaded no contest, took three years of probation, a $13,500 fine, and 200 hours of community service. Raythatha, who suffered a broken wrist and other injuries, settled a negligence suit out of court in May 2001.
On Friday, TMZ reported she listed her Los Angeles home for nearly $12 million. She has been working on projects including Apple Original Films’ adaptation of “The President Is Missing” and her women’s wellness platform, Respin. Earlier this year she told Jenna Bush Hager and Sheinelle Jones she felt “stronger, smarter, wiser” and “the best version of myself.”
Her team’s court papers and Nahla’s sworn statement paint one picture. Martinez’s filing paints another. A judge, and possibly Maceo’s own testimony, will have to sort which version holds up.
Fame buys lawyers and headlines. It does not buy a free pass when a child’s safety and stability are on the line.
