Halle Berry's Son, 13, Can Testify in Martinez Dispute

Judge Shelly Kaufman of the Los Angeles Superior Court has ruled this week that the 13-year-old son of actress Halle Berry and French actor Olivier Martinez may testify in his parents’ dispute. According to court documents published by TMZ and People, the ruling covers only Martinez’s request for a restraining order.

The testimony takes place in a closed courtroom, with only the parties, their lawyers and court staff present. The boy is a minor, so we are not naming him.

What did the court decide about the testimony?

Kaufman set a limit in advance. American media report her line: “The minor child shall not be coached.”

That is no passing phrase, because it is exactly what the dispute is about. Berry claims her son has been “coached and manipulated” by the other side, and she asks the court not to give “substantial weight” to his account. She adds that the boy has a “personal interest in minimizing his own conduct.”

Martinez, who is 60, sees it differently. He said the boy wants to speak to the court directly and that his testimony is key to getting the whole truth out.

What does Martinez claim about September 26?

Martinez says that on September 26, at Berry’s home, the actress jumped on their son, put her hands around his neck and choked him while he was playing a virtual reality game. He seeks a restraining order covering himself and the boy, as well as sole custody.

According to TMZ, as relayed by Novosti, Martinez also claims the boy photographed his mother after the incident because he feared no one would believe him. What the photo shows, and whether it supports Martinez’s account, is not known.

What does Halle Berry say?

Berry, also 60, denies everything. In a statement to the court she wrote that she has “never physically, emotionally, or otherwise abused” her son. She describes the episode as setting boundaries or rougher play.

According to her filing, her 18-year-old daughter Nala and her fiance Van Hunt were present during the incident. Nala submitted a statement to the court saying she has never seen her mother physically abuse her brother. On October 12, Martinez asked the court to throw that statement out.

On October 6, Berry completed the family mediation program “Our Children First,” according to documents published by TMZ. Completing the program is not an admission of the allegations, and the court has not found that any abuse took place.

What applies until the next hearing?

On October 1, the court granted Martinez a temporary restraining order. Berry must stay 100 yards away from him, about 91 meters. Visits with the son are limited: Mondays and Tuesdays during the day and every other weekend, under an August 2023 agreement. The court rejected a request to monitor the actress’s sobriety, saying there was not enough information to justify it.

Martinez also contested an emergency request Berry filed on October 5. He says the boy’s pediatrician and psychiatrist concluded on September 21 that he does not currently need medication, and that Berry knew this.

A hearing was scheduled for Friday, October 16. We could not find any information on its outcome.

How did the dispute get this far?

Halle Berry and Olivier Martinez married in 2013. Novosti dates their split to 2015 and Geo News to 2016, so the sources disagree on the year. The divorce was finalized in 2023, with custody split 50-50. Berry now asks the court to restore that arrangement, while Martinez seeks sole custody.