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Olivier Martinez and Halle Berry | Source: Getty Images
Olivier Martinez and Halle Berry | Source: Getty Images

Halle Berry Requests Sole Legal Custody of Son and Accuses Her Ex of 'Detrimental Behavior' – Here's Why

Milla Sigaba
Aug 23, 2024
06:20 A.M.

Halle Berry and Olivier Martinez's co-parenting arrangement took a dramatic turn when the actress sought sole legal custody of their son. Court documents reveal the shocking "detrimental behavior" Martinez was exhibiting and how it impacted the actress's relationship with her child.

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Halle Berry and Olivier Martinez had a brief and rocky marriage, partly due to Martinez's temper. After their split, co-parenting their son has also proved to be challenging. Berry tried to do what was best for their child, but Martinez's alleged behavior made it difficult.

Olivier Martinez and Halle Berry at the premiere of "Cloud Atlas" on October 24, 2012, in Los Angeles, California. | Source: Getty Images

Olivier Martinez and Halle Berry at the premiere of "Cloud Atlas" on October 24, 2012, in Los Angeles, California. | Source: Getty Images

From Martinez's disruptions in their co-parenting arrangements to his reportedly "turbulent and detrimental" actions that impacted the actress's relationship with their son, take a look at the buildup that led Berry to seek sole legal custody of her child.

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Halle Berry and Her Ex-Husband's Tumultuous Relationship

From the outset, Berry and Martinez faced significant challenges in their relationship. "They have had many issues. They both have fiery personalities and don't like to compromise. Halle has threatened to file for divorce several times after arguments," a source close to the couple said.

Halle Berry and Olivier Martinez spotted in Paris, France, on June 11, 2013. | Source: Getty Images

Halle Berry and Olivier Martinez spotted in Paris, France, on June 11, 2013. | Source: Getty Images

One of the major sources of conflict between the two was their living situation. When they married in 2013, Berry was pregnant with their son, and the former couple planned to raise their family, including the actress's daughter from a previous relationship, in Europe.

Olivier Martinez and Halle Berry at the "Toiles Enchantees" red carpet during the Champs Elysees Film Festival 2013 in Paris, France. | Source: Getty Images

Olivier Martinez and Halle Berry at the "Toiles Enchantees" red carpet during the Champs Elysees Film Festival 2013 in Paris, France. | Source: Getty Images

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However, a custody battle with her daughter's father, Gabriel Aubry, forced the Oscar-winning actress, producer, and director, and Martinez to remain in Los Angeles. This change disrupted their plans and reportedly left Martinez very unhappy.

Halle Berry with her daughter Nahla Aubry in Los Angeles, California, on May 21, 2013. | Source: Getty Images

Halle Berry with her daughter Nahla Aubry in Los Angeles, California, on May 21, 2013. | Source: Getty Images

According to a source, Martinez had a hard time adjusting. "Olivier never loved living in L.A. full-time. [He] just isn't happy in L.A.," they revealed. Martinez's dissatisfaction with life in Los Angeles added to the strain on his and Berry's marriage.

Olivier Martinez and Halle Berry attend the premiere of "Extant" on June 16, 2014, in Los Angeles, California. | Source: Getty Images

Olivier Martinez and Halle Berry attend the premiere of "Extant" on June 16, 2014, in Los Angeles, California. | Source: Getty Images

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Life on the West Coast further took a bitter turn as footage emerged of Martinez's aggressive behavior. He became known for his volatile temper following a public physical altercation with Aubry.

He made headlines as well for shoving an airport employee with a car seat, resulting in a $5 million lawsuit. These incidents, coupled with their inability to find common ground, led to the pair parting ways only two years after tying the knot.

Co-parenting and Child Support

In 2023, eight years after splitting in 2015, Berry and Martinez reached a co-parenting agreement that required them to share joint custody of their son, Maceo. Berry agreed to pay Martinez $8,000 monthly in child support as part of the arrangement.

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Additionally, the actress was required to pay 4.3 percent of any income she earned above $2 million, as stipulated in their settlement. This joint custody meant that both parents had to collaborate on important decisions regarding Maceo's upbringing, including his education and healthcare.

The agreement also included provisions for Maceo to attend individual and family counseling, highlighting the former couple's commitment to their son's well-being despite a source revealing that co-parenting had not been "easy" for the former spouses.

Halle Berry's Push for Sole Custody

Despite initial agreements to attend family therapy and co-parent amicably, the co-parenting relationship between Berry and Martinez took a turn for the worse in August 2024. Berry claimed that Martinez abruptly decided to take the summer off from therapy sessions.

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Martinez reportedly told his ex-wife that he planned to travel across France with his brother. Berry expressed frustration at Martinez's disregard for their agreed-upon schedule, reportedly demanding that he should be forced to stick with the therapy schedule they worked out initially.

Halle Berry spotted leaving a grocery store in Beverly Hills, California, on July 30, 2024. | Source: Getty Images

Halle Berry spotted leaving a grocery store in Beverly Hills, California, on July 30, 2024. | Source: Getty Images

According to reports, the deal was that they would finish six joint sessions by June 14. The actress added that the sessions occurred on Zoom, allowing Martinez to participate from anywhere.

Berry also claimed she attempted to resolve the issue directly with Martinez but was met with resistance, forcing her to seek immediate legal intervention.

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Martinez's lawyer asked that Berry's requests be denied due to "lack of imminent harm." However, the "Monster's Ball" star refuted this, alleging that Martinez's behavior was damaging their already strained relationship and negatively affecting Maceo.

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According to Berry, her efforts to address Maceo's educational and behavioral challenges were also consistently met with opposition from Martinez.

She claimed that her ex-husband's behavior was detrimental to Maceo's well-being, leading to increased tension and conflict whenever Maceo returned from his father's custody.

Berry claimed that Maceo "was not immune to [Martinez's] behavior," which had allegedly worsened over the time that he refused therapeutic intervention for their son.

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The actress claimed that Maceo acted up when he returned to her from his father's care, allegedly becoming "angry and combative" toward his mother, which only worsened with longer periods in his father's custody.

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The actress admitted in filings that she was not "perfect." However, Berry insisted that she was "always seeking to prioritize" what was in Maceo's "best interest." The Hollywood star further claimed that Martinez, on the other hand, exhibited "turbulent and detrimental" behavior that impacted her relationship with her son.

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"Olivier's conduct harms the parties' son, Maceo, causes further damage to the parties' already strained relationship, and forces Petitioner, Halle Berry, to incur unnecessary attorney's fees to constantly seek relief from the Court," Berry's lawyer stated.

The tension of the situation culminated in Berry filing a request for sole legal custody of their son "or in the alternative, tie-breaking authority to make all decisions about his education, health, and therapy needs" on August 16, 2024.

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The actress declared, "I have tried to resolve these issues directly with Olivier without involving our lawyers – Olivier refused my efforts. My lawyer, Marina Beck, tried to resolve these issues directly with Olivier's now third lawyer for weeks, but her efforts were ignored and later refused."

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The legal battle did not go unnoticed, sparking a wave of mixed reactions from social media users. Some people expressed their support for the actress, with one person sharing on X, formerly known as Twitter, "Halle Berry is right in seeking full custody since [Olivier] Martinez is not contributing anything."

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"She's [tired] of taking care of him. I don't blame her at all. He does nothing but live off her, and he was in 1 movie," another user commented. Other social media users disagreed with Berry, with one person commenting, "That's not fair. Both parents should have visiting rights with kids."

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"She hates paying child support," another said. A third wrote, "That's crazy." "Um, I doubt that," another person added. Others supported what was best for Maceo, with one person commenting, "Poor baby, they gotta put aside their hurt and differences.😢😢😢."

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Halle Berry's decision to seek sole legal custody marked a significant shift in her co-parenting relationship with her ex-husband. What started as a joint effort to raise their son became a complex legal matter, with both parents standing firm on what they believed was best for Maceo.

As the court proceedings continued, the situation remained a subject of public interest, with many watching closely to see how it would ultimately be resolved.

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