Halle Berry accuses her ex Olivier Martinez of turning their son against her

Halle Berry is asking the court to reinstate her 13-year-old son Maceo’s equal custody agreement with her ex Olivier Martinez.

This agreement was reached in 2023 as their divorce was finalized, a contentious eight years after the couple formally separated. Last week, Martinez accused Berry of abusing Maceo in a stunning lawsuit that sought both full custody and an emergency restraining order against Berry. That order was granted the next day, meaning Berry must stay away from her ex and their son for a temporary period, and a judge also restricted Berry’s visitation rights.

In a long set of documents consulted by Weekly Entertainment that Berry filed Monday in Los Angeles Superior Court, the actress again accused Martinez of refusing to comply with the terms of their custody agreement, reiterating her 2024 claim that Martinez stopped attending sessions with a co-parenting coach that the former couple agreed to visit. Berry, 60, seeks to restore their custody agreement to 50-50, regain decisive authority over parenting decisions and force Martinez, also 60, back into counseling.

Finally, Berry accuses Martinez of working to bias Maceo against her, claiming that their son reiterates his father’s side in the former couple’s private conversations, and that he often returns from Martinez’s care “angry and combative.” PEOPLE announced the news for the first time.

In the documents, Berry claims that despite her hopes that their 2023 co-parenting agreement would “create a change for the better in regards to my relationship with Maceo and my relationship with Olivier,” it actually “led to more conflict.” She blames the French actor for this result.

Berry outlines eight areas of concern regarding Martinez’s conduct toward Maceo. First there is his “unilateral decision-making” regarding Maceo’s education, followed by Martinez’s repeatedly placing Maceo “in the middle” of their conflicts, and then Martinez’s alleged “interference” in Berry’s “therapeutic work with Maceo.”

Most of the following concerns revolve around Martinez’s “attempts to align Maceo with him and against me,” which Berry says extend to “attempts to influence Maceo’s teachers and therapist” against her as well. The result of this alleged activity is Maceo’s constantly “angry and combative” attitude when he returns from visits to Martinez. Maceo has even started repeating “the arguments the parties had in private,” Berry claims, and he usually takes his father’s side.

EW has reached out to representatives for Berry and Martinez for comment.

In response to Berry’s filing, Martinez filed his own motion asking the court to dismiss his concerns overall.

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On October 1, Martinez accused Berry of “physically abusing our son, Maceo, by jumping on him, putting his hands around his neck and choking him.” The alleged incident took place on September 26 and began, Martinez claims, when Berry said her son looked “so stupid” for wearing virtual reality glasses while playing a game.

At the time, an attorney for Martinez told EW that his client was “solely motivated to protect the minor child” and hoped “the opposing party would get the help they desperately need.” An attorney for Berry described the suit in a statement to EW as “totally baseless and deliberately misleading,” called Martinez “erratic” and “possessive” and accused him of repeatedly “violating court orders and interfering with therapeutic and educational interventions” involving Maceo.