Olivier Martinez is asking a judge to let 13-year-old Maceo speak in the Halle Berry child custody hearing while blocking Nahla Aubry from taking the stand. The request keeps the fight centered on who the court should hear directly from as the custody dispute over the couple’s son stays tied to abuse allegations.
Maceo at 13
Martinez said Maceo’s age makes this the right time for the court to hear from him. He wrote that, “Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court at this time.” He also said, “He should have the opportunity to have his voice heard regarding what he experienced that night. … I believe that our son’s testimony will be the key to the Court learning the full truth about the events that occurred on September 26th,” and added, “I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice.”
Nahla Aubry and Berry
Martinez wants Nahla Aubry blocked because, in his words, “Ms. Aubry does not have any significant bearing on this case,” and “Ms. Aubry is unquestionably biased. I do not believe it is appropriate for [Berry] to try to insert her daughter into litigation that does not involve her.” That puts the court in the position of deciding whether a child in Berry’s household belongs in a custody fight over another child, a narrower evidentiary question than the public headlines suggest.
Abuse claims and custody
Last month, Martinez filed a temporary restraining order accusing Berry of physically abusing Maceo. He claimed Berry jumped on the boy, put her hands around his neck, and choked him, while Berry denied the allegations. After that filing, Martinez was granted primary custody of Maceo, Berry lost 50/50 custody in lieu of daytime visits, and she was ordered to see him only two days a week and every other weekend.
Last week, Nahla Aubry made a rare statement in court documents defending Berry, calling her a “loving and devoted parent” who “can be strict when necessary.” She also wrote, “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,” which is the sort of direct witness statement Martinez is now trying to keep off the record. The next move belongs to the judge, and the ruling will decide whether Maceo gets heard and whether Nahla Aubry stays out of the witness box.
