Court documents recently obtained by Us Weekly reveal that Halle Berry has triumphed in the latest round of her ongoing custody dispute with former spouse Olivier Martinez. The 58-year-old star, who shares 10-year-old son Maceo with the French actor, filed for sole custody in August, a year after the pair agreed to joint physical and legal custody following their 2015 divorce.
The judge presiding over the case determined that Martinez, also 58, neglected to inform the court of his unavailability to attend mandatory co-parenting therapy sessions. The court filing states, “The court is not persuaded by [his] argument that he could not continue co-parenting therapy during the summer because he was traveling abroad and is not tech-savvy.” It further notes that the sessions were conducted via Zoom, a platform Martinez had previously used during a June session, and daily FaceTime calls with Maceo in July.
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The court document continues, “[He] could have continued co-parenting therapy … but unilaterally declined to continue to participate in counseling.” Furthermore, the judge found that Berry’s legal team made several attempts to rectify the situation and resume therapy, but these efforts allegedly went unacknowledged by Martinez’s representatives.
As a result of Martinez’s failure to engage in the court-mandated co-parenting therapy over the summer months, the court ruled that “he stalled the process of moving forward with coparenting therapy.” Consequently, the legal expenses incurred by Berry “could have been avoided had [Martinez] acted in a timely manner.”
The next custody hearing is slated for Dec. 12, following Berry’s initial filing for sole custody in August. The former couple, who wed in 2013 and finalized their divorce in 2015, had previously agreed to share physical and legal custody of Maceo.
As part of the arrangement, Berry was required to pay Martinez $8,000 per month in child support, along with an additional 4.3 percent of any income exceeding $2 million. The actress is also responsible for Maceo’s school tuition, extracurricular activities, and health insurance costs.
However, in July, Berry asserted in court documents that Martinez was refusing to participate in their agreed-upon co-parenting therapy sessions. In response, Martinez denied these claims and countered with his own petition for sole legal custody.
Last month, Martinez submitted a new court declaration alleging that Berry is unwilling to contribute to his legal fees. “She has refused to make any voluntary contribution to my fees,” he stated per Us Weekly. “This, despite admitting that when she has done so in the past and been willing to negotiate — which she is not willing to do now, we have always settled every issue. Without her fee contribution, I will not have the ability to address her claims.”
Martinez further contended that his “limited work” as an actor outside the United States had complicated co-parenting efforts, but he remains hopeful they can resolve their differences. He also addressed Berry’s long-term boyfriend, Van Hunt, stating, “I do not and have never had an issue with Van Hunt and have supported Van’s relationship with Halle when I speak to Maceo.” However, Martinez expressed concern that Berry may not have adequately prepared Maceo for Hunt’s significant involvement in their lives, as evidenced by Maceo’s behavior and comments to his father.
Despite the ongoing custody battle, Martinez maintains his desire to “work on a path forward” for Maceo’s well-being. “In 2023, when Halle requested that we discuss finalizing our custody arrangement, I requested that we resolve all other outstanding issues which also necessarily included child support,” he added, emphasizing his commitment to complying with all court orders.
Berry has not publicly commented on Martinez’s recent claims. The actress, who also has a daughter, Nahla, from her previous relationship with Gabriel Aubry, has been navigating the challenges of co-parenting and custody arrangements for several years.
In her September complaint per Hello, Berry alleged that Martinez “has refused to co-parent and communicate with [her] in a child-centered way” and has been “oppositional and unmovable on all major issues relating to Maceo.” She also claimed that Martinez heavily relies on child support payments for his livelihood, which compels her to continue working to fulfill these obligations.
Berry highlighted an incident in which Martinez initially objected to paying for a home visit with their therapist during her free time, only to later change his stance. “I could not change my work schedule to accommodate Olivier’s whims,” she stated. “As Olivier has advised this court, he lives off my child support, and in order to be able to pay child support, I have to go to work. I do not have the luxury of taking months off.”
The court documents also shed light on Maceo’s learning challenges, which include ADHD and mild dyslexia. Berry asserted that Martinez is either “oblivious” to these issues or “carelessly disregards” them.
In his own court filings per Hello, Martinez claimed that Berry was “pressuring both me and Maceo with repeated demands to do everything her way or else pay the price.” This latest legal victory for Berry in the ongoing custody dispute serves as a significant development in the case, with the upcoming December hearing likely to provide further clarity on the future of the co-parenting arrangement.
