Halle Berry’s daughter Nahla is expected to testify virtually in the actress’s explosive custody battle with ex-husband Olivier Martinez.
Berry, 60, and Martinez, 60, both appeared Monday at Los Angeles County Superior Court for a hearing that stretched across the afternoon and left the Oscar winner with visibly red and watery eyes. The emotional display came after the couple’s 13-year-old son, Maceo, spent nearly four hours on the stand in closed testimony.
Nahla, 18, whom Berry shares with model Gabriel Aubry, 50, was listed as a potential witness and would appear remotely because she is currently attending school. Her testimony could carry significant weight given her previous sworn statements defending her mother.
In a court declaration obtained by reporters, Nahla wrote that she has never witnessed her mother “hit, slap, choke, grab, or physically abuse Maceo in any way.”
“I have never seen my mom place her hands around Maceo’s neck, put him in a chokehold, restrict his breathing, or engage in any conduct remotely resembling the allegations that have been made against her,” she added.
Martinez’s legal team pushed back hard against Berry’s evidence. When Judge Shelley Kaufman asked if both parties’ declarations were agreed upon, his attorneys claimed Berry’s submission is “riddled with hearsay” and requested it not be entered as evidence.
Berry’s attorneys fired back, arguing the declarations were not hearsay and explaining why Martinez filed what they called a “frivolous and baseless” domestic violence restraining order application. They contended his true intent was to circumvent existing court orders.
The courtroom was closed during Maceo’s testimony and will remain closed for any discussion of “sensitive medical issues.” Berry’s attorney also referenced the “minor’s propensity for dishonesty” as justification for bringing in additional witnesses beyond the immediate family.
Those witnesses could include Berry’s fiancé, Van Hunt, staffers at Maceo’s school, and various therapists and medical professionals.
The entire dispute traces back to a Sept. 26 incident that Martinez detailed in court filings earlier this month. He accused Berry of exploding at their son over his use of a virtual reality headset, claiming she told the boy he was “such an idiot” for playing games on the device. Martinez’s filing went further, alleging Berry then “grabbed Maceo by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?!'” Berry denied the allegations through her attorney at the time, calling them “entirely meritless and deliberately misleading.”
The dueling legal strategies have placed the former couple on opposite sides of every major request. Martinez is seeking sole custody of Maceo plus restraining orders for himself and their son. Berry is requesting sole legal custody and wants the court to restore her authority over major decisions in the teenager’s life.
Despite the raw emotions on display inside the courtroom Monday, the two parents presented starkly different demeanors upon leaving. Berry walked out smiling, while Martinez exited without acknowledging his ex-wife.
The hearing will resume at 10:30 a.m. Tuesday.