Halle Berry’s ex-husband, Olivier Martinez, is seeking sole custody of their 12-year-old son, Maceo, after making serious allegations against the actress.

According to court documents obtained by PEOPLE, Martinez, 60, filed a petition for a temporary restraining order against Berry, 60. In the filing, he accused his ex-wife of causing him “emotional and mental distress” and alleged that she physically abused their son.

Berry has not publicly responded to the allegations. Representatives for both Berry and Martinez did not immediately respond to PEOPLE’s requests for comment.

Martinez Alleges Physical Altercation With Their Son

Martinez claims the latest alleged incident happened on Saturday, Sept. 26, 2026.

According to his filing, Martinez alleged that Berry “physically abused” Maceo by jumping on him, putting her hands around his neck and choking him.

Martinez further alleged that this was not the first troubling incident between Berry and their son. He claimed there had been other instances of physical, verbal and emotional conflict over the past several years.

These claims are allegations made by Martinez in court documents and have not been established as fact.

Maceo Allegedly Called His Father

Martinez claimed that Maceo called him on Sept. 26 and asked to be picked up from Berry’s home.

According to the filing, Maceo allegedly told his father that Berry had physically attacked him and claimed it was “not the first time.”

Martinez alleged that during an argument, Berry grabbed Maceo by the neck and choked him while asking who was “dominant.”

Berry’s fiancé, musician Van Hunt, was allegedly present during the incident. Martinez described Hunt as being “fair” while defending Maceo during the alleged confrontation.

Text Messages Included in Court Filing

Martinez also included alleged text messages between himself and Berry in his filing.

In one message attributed to Berry, she complained that Maceo was being disrespectful toward her and felt she had no authority over him.

Martinez said he later told Berry that Maceo wanted him to pick him up. Berry allegedly responded that she was not okay with that and questioned their son’s behavior toward his mother.

Martinez also allegedly told Berry that he believed she and Maceo had been fighting too often.

According to Martinez, Berry had previously downplayed physical encounters with Maceo as joking or playing. He also referenced Berry’s martial arts and MMA training, claiming she had put their son in chokeholds and encouraged him to “tap out.”

Again, these allegations come from Martinez’s filing and have not been proven in court.

Martinez Requests Sole Custody

The new allegations come amid years of co-parenting difficulties between the former couple.

Berry and Martinez currently share joint legal custody of Maceo under their divorce settlement. Martinez is now asking the court to grant him sole custody.

Their custody arrangement was finalized as part of their divorce in 2023, nearly eight years after they first announced their separation.

Under the agreement, Berry was ordered to pay Martinez $8,000 per month in child support. She was also required to pay an additional 4.3% of income she earns above $2 million.

Berry also agreed to cover Maceo’s private school tuition, uniforms, school supplies and extracurricular activities.

Their Previous Co-Parenting Struggles

Problems between Berry and Martinez over parenting have previously made their way into court.

In May 2024, the former spouses agreed to participate in co-parenting therapy. The goal was to help them resolve disputes and improve their ability to raise Maceo together.

Both were expected to attend individual sessions before completing at least six joint sessions. Berry’s partner, Van Hunt, was also permitted to participate in the joint sessions.

At the time, a source told PEOPLE that Berry and Martinez had “very different parenting styles” and that co-parenting had not been easy.

The source stressed, however, that both parents loved their son and described Maceo as a focused student.

Who Is Halle Berry?

Halle Berry is an Oscar-winning actress who has been one of Hollywood’s most recognizable stars for decades.

Born in Cleveland, Ohio, in 1966, Berry began her career as a model and beauty pageant contestant before moving into acting.

Her breakthrough roles included Boomerang, The Flintstones and Bulworth. She later became internationally known for playing Storm in the X-Men movie franchise.

Berry made history with Monster’s Ball, winning the Academy Award for Best Actress in 2002. She became the first Black woman to win the Oscar in that category.

Her other major movies include Die Another Day, Gothika, Catwoman, John Wick: Chapter 3 – Parabellum and Bruised, which also marked her feature-film directing debut.

Berry has two children. She shares daughter Nahla, 18, with former partner Gabriel Aubry and son Maceo with Martinez.

Who Is Olivier Martinez?

Olivier Martinez is a French actor born in Paris in 1966.

He became a successful actor in France before gaining wider international recognition. His film credits include The Horseman on the Roof, Before Night Falls, S.W.A.T. and Unfaithful, in which he starred opposite Diane Lane.

Martinez and Berry began dating after meeting while working on the 2012 thriller Dark Tide. They married in France in July 2013 and welcomed Maceo later that year.

Their marriage was short-lived. Berry and Martinez announced in October 2015 that they were divorcing after roughly two years of marriage.

At the time, they said they were moving forward with “love and respect” for one another and shared a commitment to doing what was best for their son.

However, finalizing the divorce took years. Their divorce and custody settlement was ultimately completed in 2023.

Now, the former couple’s relationship is back in the spotlight as Martinez seeks a major change to their custody arrangement following his new allegations against Berry.