A judge has cleared the way for Halle Berry and Olivier Martinez’s teenage son to take the stand in their escalating custody battle.
Los Angeles Superior Court Judge Shelley Kaufman ruled that Maceo, 13, may testify in proceedings tied to a restraining order request, according to court documents. The decision marks a new flashpoint in the former couple’s legal war, which has already seen Martinez, 60, granted primary custody of the boy last month.
The French actor had formally asked the court to let Maceo speak directly about the night of September 26, when Martinez alleges Berry abused their son. “Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court at this time,” Martinez wrote in his filing.
“He should have the opportunity to have his voice heard regarding what he experienced that night. … I believe that our son’s testimony will be the key to the Court learning the full truth about the events that occurred on September 26th,” he continued.
Martinez framed his request as a stand for transparency. “I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice,” he added in the documents.
The judge’s ruling came with a significant limitation. “The minor child is permitted to testify,” Kaufman wrote, adding that “Testimony by the minor child shall be limited to the request for the issuance of a restraining order.” The restriction means Maceo’s court appearance will focus narrowly on the abuse allegations rather than broader custody questions.
Berry, 60, has forcefully denied Martinez’s claims that she jumped on Maceo and choked him during the September incident. The “Monster’s Ball” actress has also pushed back against her ex-husband’s broader legal strategy, objecting to the idea that their son should be drawn into the proceedings at all.
The “X-Men” star has further argued that Maceo would be vulnerable to manipulation if allowed to testify. She specifically pointed to Martinez’s influence over the teenager, suggesting the French actor could shape his son’s account.
Martinez moved to block another of Berry’s children from any role in the case. He asked the judge to prevent Nahla Aubry, Berry’s 17-year-old daughter from a previous relationship with model Gabriel Aubry, from testifying after the teen publicly defended her mother against the abuse allegations.
“Ms. Aubry does not have any significant bearing on this case,” Martinez wrote in his filing. “Ms. Aubry is unquestionably biased. I do not believe it is appropriate for [Berry] to try to insert her daughter into litigation that does not involve her,” the documents state.
The current custody arrangement already reflects the severity of Martinez’s allegations. After filing for a temporary restraining order against Berry last month, the “Unfaithful” actor was granted primary custody of Maceo. The Oscar-winning actress was limited to seeing her son just two days weekly and every other weekend under the interim order.
Berry and Martinez, her third husband, married in 2013 and divorced in 2016. Their post-split co-parenting relationship has deteriorated dramatically in recent months, with the September incident and subsequent legal filings transforming a private custody matter into a public courtroom fight involving multiple family members.
The judge has not yet set a date for Maceo’s testimony.