Halle Berry Files For Sole Custody Of Her 10-Year-Old Son And Says Her Ex 'Refuses to Co-Parent': 'Tie-Breaking Authority'

Halle Berry is reportedly seeking full custody of her son with ex-husband Olivier Martinez . The Oscar- winning actress, 58, has accused Martinez, also 58, of being uncooperative in their co-parenting arrangement . The Union star , who shares 10-year-old Maceo with the French actor, submitted a request for sole legal custody in the Los Angeles County Superior Court on August 16th, as reported by People Magazine and Fox News .

Should sole custody not be granted , the X-Men alum is asking for “tie-breaking authority” to make all critical decisions regarding Maceo’s education, health, and therapy needs, according to People. Last week, amid all this, Berry uploaded a note onto her Instagram Story for her 8.9 million followers, suggesting that “fathers are so important,” which could be interpreted as shade.

Inside Halle Berry's Custody Battle And Relationship With Ex Olivier Martinez

The Monster's Ball actress and Martinez tied the knot in July 2013, and their son Maceo was born that October. However, their relationship hit turbulent waters, leading to a divorce filing in October 2015. The legal separation was ultimately concluded in August 2023. According to the ruling , the ex-partners were granted joint legal and physical custody of their son.

Additionally , Berry consented to provide Martinez with $8,000 monthly in child support, along with 4.3% of any income she earns exceeding $2 million. In her recent court submission , Berry contends that Martinez has been " oppositional " and "unmoving " as a co-parent. She asserts that Martinez's conduct has detrimentally affected Maceo's scholastic performance and has strained his relationship with her.

According to reports from People and Fox, Berry's complaint alleges that Martinez placed greater importance on Maceo’s soccer commitments than on their son's educational and psychological welfare.

The former pageant queen further contends that Martinez obstructed efforts and strategies designed to support their son. As stipulated in their custody arrangement, Berry consented to cover the costs of Maceo's private school tuition, extracurricular activities, health insurance, and therapy sessions.

This, Berry believed, meant that Maceo's "educational and behavioral challenges worsened, and he continued to fall further behind in school." Moreover , the Catwoman icon claims that after extended stays with Martinez, Maceo would exhibit behavioral issues and "act out ," including echoing the private disputes between her and Martinez.

The custody arrangement for the former couple dictates that Berry and Martinez must refrain from making any negative, disrespectful, or disparaging remarks about each other, their families, or significant others.

This prohibition also extends to preventing third parties from making such comments, whether directly to Maceo, in Maceo’s presence, or "within his hearing range." According to Fox News , the filing states: "Prior to therapeutic intervention, Maceo was prone to repeat disputes that (Berry and Martinez) had in private – and that (Berry) did not discuss with Maceo – often taking (Martinez’s) side in these disputes or instructing (Berry) how he and (Martinez) would address the issue, completely disregarding (Berry’s) input or authority as a parent."

Berry also alleged that Martinez's "actions and lack of cooperation with respect to Maceo’s psychological and educational needs have been detrimental to Maceo’s health and welfare." As noted by People, Berry's complaint also notes that her ex allegedly "refuses to co-parent or communicate in a child-centered way or make child-centered decisions, which interferes with getting Maceo the help he needs."

"By refusing to communicate, withholding consent or deferring decisions, he has effectively delegated to himself sole decision-making authority in violation of the (their) stipulated judgment," the complaint goes on. Martinez's lawyer informed People that a response to Berry's accusations will be forthcoming in the next few weeks.

Berry is also mom to 16-year-old daughter Nahla , whom she shares with ex Gabriel Aubry. Berry and Martinez crossed paths in 2010 and parted ways in October 2015 following a two -year marriage. Starting in 2020, the Kidnap actress has been romantically involved with musician Van Hunt.