Halle Berry Seeks Sole Legal Custody of Her and Olivier Martinez’s Son

Halle Berry & Olivier Martinez Finalize Divorce

Halle Berry is taking legal action. 

One year after the Catwoman actress and Olivier Martinez finalized their divorce and agreed to joint physical and legal custody of their son Maceo, she has filed for sole legal custody of the 10-year-old, according to documents viewed by E! News. 

The filing has been made following Martinez’s “continued violations of Court Orders,” per the documents. In it, Berry—who has been dating songwriter Van Hunt since 2020—requests sole custody, or in “in the alternative, tie-breaking authority to make all decisions regarding the minor child’s education, participation in mental health counseling and therapy.”

In the filing, Berry regards herself as “not perfect,” but has been “exemplary” when it comes to parenting, especially during conflict with Martinez. 

For Martinez’s part, Berry alleges in the filings that he has “taken advantage” of her desire to “keep the parties’ conflict private” after her public custody battle with Gabriel Aubry over their 16-year-old daughter Nahla in the early 2010s (The former couple have been co parenting their child since 2014, with Berry paying $16,000 per month in child support). 

According to the filing made by Berry, Martinez “has continued to act in ways that have had a detrimental impact not only on Maceo, but also Maceo’s relationship with his mother.”

Further, the filing claims that Martinez had “unilaterally decided he would ‘take the summer off’ from co parenting therapy” which “successfully delayed the completion of individual sessions” for Berry and Martinez, and hence, “the commencement of their conjoint sessions.”

Berry’s filing also claims that Martinez’s behavior over the last several months, including his neglect of their co parenting counseling has left her “no choice but to request a modification of the joint legal custody provision.”

Matt Baron/BEI/Shutterstock

The 58-year-old additionally cites specific instances of Martinez’s stalling decisions regarding their child’s educational needs—as recommended by his teachers—and her ex-husband’s lack of communication when it comes to their son’s soccer scheduling. 

E! News has reached out to reps for Berry and Martinez regarding the filing but has not yet heard back. 

Berry’s filing comes nearly a year after the couple finalized their divorce, almost 10 years after their 2015 separation. In the original agreement, Berry and Martinez agreed to split legal and physical custody of their son. 

Meanwhile, Berry was ordered to pay for the 10-year-old’s tuition, school uniforms, and school supplies as long as he is in private school, and all extracurriculars including soccer, according to documents viewed by E! News at the time. 

The John Wick actress was also ordered to pay $8,000 per month to Martinez, as well as 4.3 percent of any income she receives over $2,000,000. 

Prior to the former couple’s custody agreement, Berry has referred to child support laws as “outdated.”

“I understand some parents (man or woman) may need help,” she wrote on Instagram in 2021. “But I also feel in these modern times both men and women have the responsibility to financially take care of their children and work hard and make every effort to do so.”

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