Halle Berry is taking new legal action against ex-husband Olivier Martinez in an escalating custody war over their son. In a new filing, the Oscar-winning actress is asking the court to restore the 50-50 custody agreement she and Martinez originally established in 2023 as their divorce was finalized, according to court documents obtained by People.
Berry is once again accusing Martinez of refusing to comply with the terms of their custody agreement, reiterating her claim that he stopped attending sessions with a co-parenting coach the former couple previously agreed to visit. She seeks to restore their 50-50 custody arrangement to regain tie-breaking authority over parental decisions and to compel Martinez back into counseling.
The Catwoman actress is also accusing Martinez of trying to turn their son Maceo against her, claiming the 13-year-old, who turned 13 on October 5, reiterates his father's side of the former couple's private conversations and often returns from Martinez's care angry and combative. Berry claims that despite her hopes that the 2023 co-parenting agreement would create a change for the better, it has in fact led to more conflict — and she is putting the blame on Martinez.
The filing comes after Martinez obtained a temporary restraining order against Berry last week. Martinez alleges that Maceo called him and told him that Berry had physically attacked him and put him in a chokehold while he was playing a virtual reality game. Berry has denied the allegation, saying they were playfully roughhousing and insisting she never put her hands around his neck. She has called herself a domestic violence victim and advocate, not a perpetrator, and said she would never hurt their child.
Berry has also accused Martinez of failing to provide Maceo with appropriate boundaries and resisting professional help for the boy's behavioral and neurodivergent issues. A judge previously granted Martinez's request for the temporary restraining order while allowing Berry to maintain final decision-making authority over Maceo's mental health and education.
In a new development, TMZ reported that Berry has completed a mandatory parenting program, signing a certificate verifying she finished the Los Angeles Superior Court's Our Children First online mediation orientation and parent education program — a prerequisite for parents moving forward with custody or visitation disputes. The former couple is scheduled to return to court on October 16, setting up another dramatic chapter in a divorce battle that has raged since their split. The October 16 hearing is expected to draw intense media attention as both sides press their competing accounts. Until then, the restraining order remains in effect, and the fight over Maceo's future is far from over.