Halle Berry Rejects Choking Allegation, Seeks Return to 50/50 Custody of Son

Halle Berry has strongly denied allegations that she physically abused her 13-year-old son, Maceo, and has asked a Los Angeles court to restore the 50/50 custody arrangement she previously shared with her ex-husband, Olivier Martinez.

The Oscar-winning actress made the denial in a declaration filed as the former couple's long-running custody dispute escalates. Martinez had sought sole custody and a temporary restraining order after alleging that Berry put Maceo in a chokehold during a September 26 confrontation at her home. A judge granted a temporary restraining order on October 1 and modified Berry's parenting time while the dispute proceeds.

Berry disputes Martinez's account entirely. In her filing, she said she has never physically or emotionally abused their son and described herself as a survivor and advocate for victims of domestic violence. She also said she would never intentionally hurt Maceo.

Her account of the September 26 incident differs sharply from Martinez's. According to Berry's court declaration, Maceo had been playing a virtual-reality game when she went to tell him it was time to stop. She said the interaction later became playful roughhousing that unexpectedly escalated when he became upset. Berry maintains that she never choked him, restricted his breathing or deliberately acted violently toward him, and says she has video evidence and text messages that support her version of events.

Martinez's allegations are considerably more serious. In his court filing, he claimed Berry became angry while Maceo was using the virtual-reality headset and eventually jumped on him, placed her hands around his neck and choked him. He also alleged that the incident was part of a broader pattern of physical, verbal and emotional mistreatment. Those claims have not been established as facts by the court.

The temporary order has nevertheless changed the family's immediate custody arrangements. Martinez was granted primary custody on a temporary basis, while Berry's contact with Maceo was restricted to specified court-ordered visitation. The judge also declined Martinez's request for alcohol and substance monitoring for Berry, according to reports on the court proceedings. A further hearing is scheduled for October 16.

Berry is now seeking to reverse that temporary change and return to the custody structure established when the couple's divorce was finalized in 2023. She is also asking for her previous authority to break deadlocks over certain parenting decisions to be restored and wants Martinez to resume court-ordered co-parenting counselling.

In her latest filing, Berry also accuses Martinez of undermining her relationship with their son. She claims Maceo sometimes returns from his father's care angry and combative and alleges that he has become involved in disagreements between the two parents over matters including education, football and therapy. Berry further alleges that Martinez has made unilateral decisions concerning their son's education and interfered with therapeutic arrangements. These are Berry's claims in court documents and have not been independently established.

The dispute is the latest chapter in a difficult co-parenting relationship that has continued since Berry and Martinez separated in 2015. Their divorce was not finalized until 2023, when they agreed to share legal and physical custody of Maceo. The couple has previously disagreed over co-parenting counselling, education and decisions concerning their son's wellbeing.

Berry's attorney, Marina Beck, has characterized Martinez's allegations as baseless and misleading and has accused him of violating court orders and interfering with therapeutic and educational arrangements for Maceo. Martinez's legal position, meanwhile, is that his actions are driven by concerns about his son's welfare. Neither side's central allegations have been finally resolved by the court.

The case now moves toward another court hearing while both parents seek very different outcomes. Berry wants the previous shared-custody arrangement restored, while Martinez has sought greater control over Maceo's care following the allegations. The court's eventual decisions will depend on evidence presented in the proceedings rather than the competing public accounts surrounding the dispute.

For now, the case illustrates the difficult line between an emergency court order and a final finding of wrongdoing. The temporary restrictions imposed on Berry reflect the court's response to allegations that required immediate consideration, but they do not by themselves establish that the alleged choking occurred. As the October 16 hearing approaches, the central issue will be what the court determines is in Maceo's best interests, and whether the competing claims of his parents can be resolved without further drawing their son into a highly publicized custody battle.