Halle Berry Faces New Court Filing Over Her Son Maceo's Well-Being — and Her Attorney Fires Back

A deeply personal accusation has pulled a 12-year-old boy into another painful chapter of his parents' long-running court battle, and the person behind the filing is asking a judge to make a major change to his life.

Halle Berry, 60, became the subject of an emergency court request filed in Los Angeles on Thursday, October 1, 2026, involving her son, Maceo Robert Martinez. The claims are serious; the actress's attorney has strongly rejected them, and a judge has already temporarily altered the family's custody arrangement while the dispute moves toward another hearing.

A New Filing Asked the Court to Change Maceo's Life

The filing did not simply raise concerns about a disagreement at home. It asked the court to intervene in where Maceo spends his time, who has custody of him, and how much contact he can temporarily have with his mother.

The person who filed it was Halle's former husband and Maceo's father, Olivier Martinez. The French actor, 60, requested sole custody of their 12-year-old son as well as a domestic violence restraining order against Halle, according to court documents obtained by USA Today.

His petition centered on an alleged incident on September 26 at Halle's home, where Maceo was reportedly playing a virtual reality game while Halle's fiancé, musician Van Hunt, was also present.

Olivier alleged that an interaction between mother and son began playfully before becoming confrontational after Maceo asked Halle to stop. He claimed Halle then became angry and physically restrained their son around his neck.

Because the allegation concerns a child, the details are difficult enough without dwelling on them. Olivier summarized the seriousness of his accusation in his declaration:

"This is not the first time [Berry] has physically attacked our son."

He further alleged that both Halle and Maceo had previously discussed other physical interactions with him, which Olivier characterized as inappropriate and upsetting to their son.

The filing also alleged that the actress later sent Olivier a message expressing regret about what had occurred the night before. Olivier included that communication as part of his argument that the court should intervene. His petition reached further back into Maceo's childhood as well.

Olivier alleged previous incidents of physical aggression over a period of years and accused Halle of making comments that caused their son emotional distress, including remarks involving Olivier, his nationality, and their past disagreements over child support.

He additionally raised concerns about Halle's mental health and alcohol use. A judge has taken temporary action, but the order did not grant every request Olivier made. According to court records reviewed by People, a Los Angeles County judge granted a temporary restraining order covering both Olivier and Maceo on October 1.

At the same time, the judge allowed continued contact between the actress and her son. The temporary order modified her visitation schedule rather than cutting that contact off completely. Halle was permitted time with Maceo on Mondays and Tuesdays from 10 a.m. until 8 p.m., as well as Saturdays and Sundays during the same hours.

The judge specifically wrote that partial custody would continue in order to maintain communication between mother and son. One of Olivier's additional requests did not succeed. The court declined to impose sobriety monitoring on Halle, citing "insufficient information."

That distinction matters in a case already filled with competing accusations. The temporary restraining order represents an interim court decision while the claims are considered, not a final determination about what happened.

It will remain in place until a hearing scheduled for later in October, when a judge is expected to decide whether longer-term restrictions are warranted. The actor's attorney, Patrick Baghdaserians, said his client's principal concern is Maceo's welfare.

He described Olivier's "paramount concern" as "the health, welfare and the safety of the minor child," and said the second concern was that Halle receive any help she may need so that the situation could improve for their son. Patrick also called Olivier "a loving parent" and acknowledged how difficult co-parenting disputes can become.

"Our paramount concern right now is only one real issue, and that's protecting this great kid," he said. But while Olivier's side is presenting the filing as an attempt to protect Maceo, Halle's attorney has offered a sharply different account of what is happening.

Halle's Attorney Says the Filing Tells a Very Different Story

Marina Beck, the actress's attorney, did not merely dispute parts of Olivier's account. She rejected the filing outright. "To say this filing is entirely meritless and deliberately misleading would be an understatement," she said in a statement reported by TMZ.

Marina argued that the court record surrounding the former couple's custody disputes contains substantial evidence that cuts against Olivier's portrayal of events. She said there are numerous prior judicial rulings showing that the French actor repeatedly violated court orders and interfered with therapeutic and educational care arranged for Maceo.

Marina further claimed he had already faced legal sanctions over that conduct. Then came an even stronger response. "In a way, today's filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior," the lawyer said.

The attorney added that Halle was "deeply saddened" by what had happened but intended to continue fighting for what she believes serves Maceo's best interests. According to Marina, the actress' priority remains "providing him with the love and support he needs."

Maceo is 12. He is old enough to understand that his parents are in conflict, yet young enough that judges, attorneys, and adults around him are making decisions that may shape where he sleeps, how he sees each parent, and what parts of his private life become described in court papers.

The filings contain competing versions of family life behind closed doors, and neither side is treating the disagreement as minor. The court must now sort through those assertions. For the family, however, the legal language arrives after years of already complicated negotiations over parenting.

Halle and Olivier married in July 2013, and Maceo was born that October. Two years later, the couple announced that their marriage was ending. "It is with a heavy heart that we have come to the decision to divorce," they said in a joint statement.

They said they intended to move forward "with love and respect for one another" and with a shared focus on what was best for their son. That hope proved difficult to preserve. Although a judge declared Halle and Olivier legally single in December 2016, their divorce settlement was not completed until 2023.

Nearly eight years passed between their initial divorce filing and the final agreement.

Years of Custody Negotiations Have Led Back to Court

When their divorce was finally settled, the agreement appeared to put firm rules around a relationship that had already required years of negotiation. Court documents obtained by People in 2023 showed that Halle and Olivier agreed to share joint legal custody of Maceo.

Halle also agreed to pay Olivier $8,000 per month in child support, along with 4.3 percent of income she received above $2 million. Her financial responsibilities extended directly to Maceo's schooling and activities. The actress agreed to cover private school tuition, uniforms, school supplies, and extracurricular costs, as well as reimburse certain expenses from the 2023-2024 school year.

Three years later, the question before the court is far more painful. Olivier is now seeking sole custody and restrictions on his ex's contact with both him and Maceo. Halle's attorney, meanwhile, says the allegations supporting that request are false and misleading.

The judge has not yet made the temporary arrangement permanent. A later hearing will give both sides another opportunity to present their positions before a judge decides what should happen next.

Halle Berry is the mother of two children. In addition to Maceo, she shares daughter Nahla Ariela with former partner Gabriel Aubry. But the October court filing is specifically about Maceo, and both sides insist they are acting with his interests in mind. That will be left to the judge after hearing more evidence.

Until then, the most important fact is also the simplest one: the allegations remain disputed, the court's current restrictions are temporary, and Maceo's well-being is the issue both parents say they are fighting to protect.