Halle Berry is pursuing sole custody of her 10-year-old son, Maceo, whom she shares with Olivier Martinez.
According to court documents obtained by People, Berry, 58, is seeking either full custody or, alternatively, tie-breaking authority over decisions regarding Maceo’s education and healthcare.
The documents, filed on Friday, August 16, in the Superior Court of California in Los Angeles County, detail Berry’s claim that she has made efforts to address Maceo’s needs in these areas.
However, the documents allege that Martinez, 58, has been “oppositional, unmoving, and withheld his consent for years” regarding her suggestions.
The filing indicates that Martinez has focused primarily on Maceo’s soccer activities and has argued that the child is “old enough to make his own decisions.”
Additionally, the filing accuses Martinez of interfering with “custodial rights, withholding information from Petitioner, making unilateral decisions on Maceo’s behalf, involving Maceo in their conflicts, and refusing to follow the recommendations of Maceo’s school.”
The documents state, “To summarize, Respondent refuses to co-parent or communicate in a child-centered manner or make child-centered decisions.”
They further assert that by refusing to communicate, withholding consent, or deferring decisions, Martinez has effectively taken sole decision-making authority, which is in violation of the parties’ Stipulated Judgment.
Berry and Martinez met on the set of Dark Tide in 2010 and married in July 2013. They separated in October 2015, and their divorce was finalized the following year.
In August 2023, Berry and Martinez were sharing both legal and physical custody of Maceo.
Berry was required to pay Martinez $8,000 monthly in child support, plus 4.3 percent of any income she earns over $2 million, and cover Maceo’s school tuition, extracurricular activities, and health insurance.
In May, Berry filed court documents indicating that she and Martinez intended to participate in co-parenting therapy sessions to improve their dynamic for Maceo’s benefit.
By July, Berry alleged that Martinez had not adhered to court orders and that they had only attended four of the court-ordered mediation sessions.
Berry’s legal team stated that she “tried everything to foster a better co-parenting relationship” with Martinez and that his alleged delays allow him to “interfere” with Berry’s relationship with Maceo “without repercussions.”
The documents also accuse Martinez of “usurping the entire therapeutic process” by refusing to participate and depriving the co-parenting therapist of the necessary cooperation to progress.
Berry’s legal team labeled Martinez’s behavior as “problematic” and described the situation as marked by “resistance and conflict.”
Martinez’s legal team has requested that Berry’s motion to compel him to resume co-parenting therapy sessions be denied.
