Halle Berry is opposing a request for her 13-year-old son to testify in her custody dispute with Olivier Martinez, accusing her ex-husband of coaching the teenager ahead of court.
Martinez’s attorney, Patrick Baghdaserians, rejected the accusation in a statement to PEOPLE, which reported Berry’s latest court papers on Oct. 13. “We vehemently deny such allegations,” he said.
The dispute concerns a Sept. 26 encounter at Berry’s home. Martinez alleges she choked their son, Maceo. Berry denies physically or emotionally abusing him and has described the interaction as roughhousing that developed into an argument.
Berry is asking Los Angeles Superior Court to restore the equal parenting time established in the former couple’s 2023 divorce settlement. Martinez is seeking sole custody.
Berry Wants Martinez Ordered to Stop Discussing the Case With Maceo
👀 Halle Berry fights to keep son from testifying, accuses ex Olivier of coaching him.
Exclusive: https://t.co/koQPJqSbuN https://t.co/FdWGGKLFIV
TMZ (@TMZ) October 13, 2026
Berry alleges that Martinez has spent weeks talking with Maceo about the allegations, litigation and anticipated testimony. She says those conversations violate a 2024 order prohibiting either parent from involving their son in their legal disputes, according to TMZ.
She wants the judge to direct Martinez to stop discussing the proceedings with Maceo or preparing him to testify. Berry also argues that requiring their son to participate would increase the emotional pressure on him and place him between his parents.
Her declaration notes that Maceo had spent the preceding two weeks primarily in his father’s care. She urges the court to be cautious about giving substantial weight to the potential testimony of what she calls a “coached and manipulated child,” while discounting accounts from adults with knowledge of the family.
Baghdaserians told Entertainment Weekly that Martinez wants the judge to receive all available information about the encounter. He said his client fears that preventing Maceo from speaking could discourage him from reporting problems or possible abuse in the future. Martinez has said the teenager also wants to discuss his custody preferences.
Berry Points to Van Hunt’s Eyewitness Account and Nahla’s Family Observations
Berry identifies her fiancé, musician Van Hunt, as the only adult third-party eyewitness present during the encounter. Her filing argues that his account should be considered alongside the other evidence rather than dismissed in favor of the testimony Martinez is requesting.
Her daughter Nahla Aubry, 18, submitted an Oct. 3 declaration describing years of living with Berry and Maceo. Nahla said she had never witnessed her mother physically abuse her brother and described her as loving and involved, with firm household rules. She did not claim to have witnessed the disputed encounter.
Martinez called Nahla “unquestionably biased” and argued that her involvement had little bearing on his son’s case, according to Page Six. Berry counters that her daughter’s longstanding observations are relevant to his broader allegations about her parenting.
She Also Disputes a Photograph Cited by Martinez
Martinez says Maceo photographed Berry after the encounter because he wanted evidence supporting his account and feared he would not be believed.
Berry argues that the photograph shows her standing several feet away with her hands in her pockets and does not substantiate his allegation of physical harm, according to a separate TMZ report.
Berry says Hunt described what he observed, instead of claiming to have examined the teenager for injuries. She further accuses Martinez of selectively presenting messages while omitting details from their exchanges.
California Judges Can Hear From Children Younger Than 14
California’s Family Code Section 3042 permits a child under 14 to address the court about custody or visitation when the judge finds that doing so is appropriate and in the child’s best interests. Children 14 and older who wish to speak generally must be allowed, unless the court determines otherwise and explains its reasons.
Under Rule 5.250, judges must assess participation individually. Factors include the child’s understanding of testimony, the relevance of the proposed subjects and the emotional risks or benefits of allowing or declining participation.
Courts generally must arrange for children to speak outside their parents’ presence, with exceptions requiring a best-interest finding. A judge can use other methods, including mediation or an evaluation, to obtain input. The rule also protects the parties’ ability to know and challenge evidence, and a child may express a custody preference without being required to choose one.
Berry Retains Daytime Visits Ahead of Friday’s Hearing
The Oct. 1 temporary restraining order covers Martinez and Maceo while allowing Berry specified daytime visits. The judge declined Martinez’s request for sobriety monitoring, citing insufficient information, according to PEOPLE‘s reporting, syndicated by AOL.
The parents’ earlier efforts to resolve their disagreements included individual meetings with a parenting coach followed by at least six joint sessions. A 2024 order reviewed by Entertainment Tonight made those sessions confidential and barred either parent from calling that coach as a witness in those proceedings.
The next hearing on the protective order and custody dispute is scheduled for Friday, Oct. 16.