A judge has ruled that Maceo, the 13-year-old son of Halle Berry and Olivier Martinez, may testify in his parents’ custody dispute, according to TMZ. The Maceo testimony ruling limits his statements to the request for a domestic violence restraining order his father filed against Berry, and the hearing will take place in a closed courtroom with only the parties, their attorneys and court personnel present.
The decision comes amid an escalating legal fight between Berry, 60, and French actor Martinez, 60, who were married from 2013 to 2016. Martinez filed for a restraining order after accusing Berry of attacking Maceo during an argument on Sept. 26, while the teen was playing a virtual reality video game. According to his court filings, cited by TMZ, Martinez alleged Berry jumped on Maceo, put her hands around his neck and choked him. Berry denies she hurt her son.
What The Ruling Allows
The judge’s order permits Maceo to speak only to what he experienced the night of the alleged incident, not to broader custody questions. Keeping the testimony confined to a closed courtroom is meant to limit who hears the teenager’s account, per TMZ.
Martinez has pushed for his son to be heard directly. “He should have the opportunity to have his voice heard regarding what he experienced that night,” he wrote in court documents obtained by Just Jared. He also wrote, “I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice.”
Berry opposed letting Maceo testify, arguing through her attorneys that Martinez has coached the teen on what to say. Her filing argued that Maceo “has a personal interest in minimizing his own conduct and shifting responsibility to others,” and that the court should not assume his account is reliable, according to TMZ. Berry has also claimed Martinez positions himself as the permissive parent while she enforces rules, leading Maceo to see her as the “bad guy” and his father as the “good guy.”
Responses From Both Sides
Martinez claims in his filings, reported by Just Jared, that Maceo had previously told therapists his mother was physical with him, and that those concerns were downplayed or dismissed. A judge has already granted Martinez a temporary restraining order covering himself and Maceo.
Berry’s 18-year-old daughter, Nahla, whom she shares with ex Gabriel Aubry, submitted a declaration backing her mother. Nahla described Berry as a “loving and devoted parent” who “can be strict when necessary,” according to Page Six. She stated, “I have never seen my mom place her hands around Maceo’s neck, put him in a chokehold, restrict his breathing, or engage in any conduct remotely resembling the allegations that have been made against her.”
Martinez has pushed back against Nahla’s involvement, asking the judge to block her from testifying. “Ms. Aubry does not have any significant bearing on this case. Ms. Aubry is unquestionably biased,” he stated in court documents, per Page Six.
Martinez separately wrote in his own filing that if Maceo “is prevented from addressing the Court regarding these allegations, I fear that he would be dissuaded from reporting problems or potential abuse in the future.”
What It Means For Custody
Martinez is seeking sole custody of Maceo and has asked the court to order Berry to stay away from him. After Martinez filed for the temporary restraining order, he was granted primary custody of Maceo, and Berry lost the 50/50 custody arrangement in favor of daytime visits, according to Page Six.
The judge temporarily modified Berry’s visitation to maintain some communication with her son, limiting her time with Maceo to Mondays and Tuesdays from 10 a.m. to 8 p.m. and weekends from 10 a.m. to 8 p.m., according to Just Jared. The judge also denied a separate request from Martinez to have Berry’s sobriety monitored, citing “insufficient information” to support that step.
What’s Next
The custody case remains active, with Maceo’s testimony restricted to the restraining order request rather than the wider custody dispute. A ruling on Martinez’s bid to keep Nahla off the stand and a date for Maceo’s closed-door testimony have not been announced.
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