The Halle Berry custody dispute has taken a serious new turn, with her former husband Olivier Martinez accusing the actor of choking their 12-year-old son and asking a court to grant him sole legal custody. Berry’s lawyer called the filing “entirely meritless and deliberately misleading.”

Martinez, 60, filed a petition for a temporary restraining order against Berry, alleging that she caused their son “emotional and mental distress due to physical abuse.” The former couple, who were married from 2013 to 2016, currently share legal custody equally.

What Olivier Martinez alleges happened

According to the petition, the incident occurred at Berry’s home on September 26. Martinez said their son called him and asked to be picked up because Berry had “physically attacked him and choked him.”

“While on the phone with our son, I heard him panicking,” Martinez wrote, adding that he could hear Berry yelling in the background.

Screenshots submitted with the filing show Martinez texting Berry to ask whether he could collect the child. Berry allegedly replied: “No I'm not ok with it. He wants to fight his mother?? What kind of kid are we raising.”

Martinez said he then called their son again and heard the boy say that he wanted to “leave forever.” According to the petition, Berry responded: “Good. Good. I don't want to see anymore.”

When Martinez arrived, he claimed Berry remained inside the house while their son was helped outside by her “boyfriend.” The filing appeared to refer to Berry’s fiancé, musician Van Hunt.

The account given by their son

After returning to Martinez’s home, the boy allegedly said he had been playing a virtual reality game in his bedroom when Berry entered and began pushing him.

Martinez acknowledged in the court filing that the initial contact may have been intended as playful. Their son reportedly asked Berry to stop and let him finish the game first. Martinez alleged that this response caused her to become angry.

The petition claims Berry then grabbed the child by the neck and choked him while shouting: “Who is dominant now?! Who is dominant?” These remain allegations presented by Martinez, not findings made by the court.

Martinez also submitted screenshots of a message Berry allegedly sent the next morning. In it, she wrote: “I feel terrible about what happened last night.”

He claimed the September incident was not the first physical confrontation. According to Martinez, both Berry and their son had previously discussed occasions when she allegedly placed the boy in choke holds learned during mixed martial arts training.

Martinez said their son had repeatedly objected, while Berry characterized the contact as joking or playing. The petition alleges she sometimes held him until he tapped out.

What Martinez wants the court to order

Martinez argued that the alleged conduct justified a domestic violence restraining order covering both himself and their son. He also asked to replace the current equal custody arrangement with sole legal custody.

His requested conditions include:

  • Drug testing before Berry visits their son
  • A psychological evaluation
  • A 52-week intervention program for people accused of domestic violence
  • Court-ordered protection for Martinez and the child

Court documents reported separately indicate that Berry and Martinez were ordered to take part in confidential mediation over custody. So, for now, the dispute proceeds through the familiar celebrity-divorce system of private mediation accompanied by very public allegations.

Halle Berry’s lawyer rejects the claims

Berry’s attorney, Marina Beck, strongly disputed Martinez’s filing and attacked his credibility.

“In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior,” Beck said in a statement. “Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez.”

The statement added that Berry was “deeply saddened” but would continue “fighting for her son’s best interests and providing him with the love and support he needs.”

Representatives for Martinez and Hunt had not responded to requests for comment at the time of the original report.

Berry, an Academy Award winner for Monster’s Ball, also shares an 18-year-old daughter with former partner Gabriel Aubry. No court ruling on Martinez’s restraining-order request or his demand for sole legal custody was detailed in the available reporting.