*Halle Berry’s ex-husband Olivier Martinez is seeking sole custody of their 12-year-old son after alleging the Oscar-winning actress physically attacked and choked the child during an incident at her home last weekend.
Martinez, 60, filed for a temporary restraining order against Berry, also 60, claiming the alleged confrontation occurred Saturday, Sept. 26, according to court documents obtained by TMZ.
PEOPLE separately reported obtaining documents containing the allegations.
The claims have not been established as fact, and no finding that Berry abused her son has been reported.
TMZ subsequently reported that Berry and Martinez were ordered to participate in confidential mediation concerning custody.
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Martinez Details Alleged Confrontation
According to Martinez’s filing, their son contacted him and alleged that Berry had jumped on him, put her hands around his neck and choked him.
Martinez claims the confrontation began while the child was playing a virtual-reality game in his bedroom and escalated after Berry allegedly criticized him for playing it.
The filing also includes allegations of previous incidents involving Berry and their son.
Martinez is asking for sole custody and wants Berry temporarily kept away from him and their child, although TMZ reports he maintains that he does not want to permanently prevent mother and son from having a relationship.
Berry Texted Martinez After the Incident
One potentially important piece of the filing is a message Martinez says Berry sent him the following day.
“I feel terrible about what happened last night as I know he does as well,” Berry allegedly wrote, according to TMZ.
The message acknowledges that something happened but, standing alone, does not establish that Martinez’s description of the alleged encounter is accurate.
Martinez’s filing also contains allegations involving alcohol or other substances and seeks sobriety-related conditions surrounding Berry’s visitation. Those requests likewise do not establish substance abuse by the actress.
Their Custody Fight Has Been Going for Years
The latest filing marks a striking reversal in a custody dispute EURweb has followed for years. In August 2024, Berry was the parent seeking sole legal custody. EURweb reported that she accused Martinez of failing to cooperate on decisions involving their son’s education and therapeutic needs.
Berry alleged that Martinez was “oppositional” and interfered with efforts to obtain educational and psychological services. Martinez pushed back against her accusations and alleged that Berry was using her financial resources and legal team to pressure him.
Two months later, Berry scored a smaller victory when a judge sided with her in a dispute over their court-ordered co-parenting therapy, as EURweb reported.
Berry and Martinez married in 2013, separated in 2015 and finalized their divorce in 2023.
They have shared joint legal and physical custody.
Now Martinez is the parent asking the court for sole custody — and the allegations behind that request are considerably more serious.
With confidential mediation now ordered, the latest filing opens another chapter in a custody battle that has already stretched across years of accusations from both parents.
What remains unresolved is the most consequential question: what the court ultimately determines happened between Berry and their son.
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