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Olivier Martinez is requesting that a judge not allow Halle Berry’s 18-year-old daughter, Nahla Aubry, to be involved in the estranged couple’s custody battle surrounding their 13-year-old son, Maceo.
“Ms. Aubry does not have any significant bearing on this case,” Martinez, 60, claimed in court documents obtained by Us on Monday, October 12. “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.”
In a sworn statement obtained by Us earlier this month, Aubry, 18, said she has never seen her mom “hit, slap, choke, grab or physically abuse Maceo in any way.”
She added, “In all my years living with my mom, I have never witnessed her act violently toward anyone.”
While Martinez argued that Berry’s daughter Nahla — who the Oscar winner shares with ex Gabriel Aubry — should not be part of the proceedings, his mindset about Maceo is different.
In court documents obtained by Us on Monday, Martinez claimed Maceo “wants to speak with the court to provide his side of the story.”
“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,” Martinez argued in court documents. “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. I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo’s voice.”
Martinez obtained a domestic violence restraining order on behalf of himself and Maceo on October 1, in addition to seeking an emergency change to his and Berry’s 50-50 custody agreement. He asked a judge to issue a “no contact order” for Berry, 60, until an upcoming court hearing takes place on Friday, October 16.
Halle Berry and Olivier Martinez Frazer Harrison/Getty Images
The Revenge actor alleged that Maceo told him during a phone call on September 26 that he’d been “physically attacked” and “choked” by Berry during an argument.
Berry’s attorney Marina Beck previously denied Martinez’s abuse allegations, calling them “entirely meritless and deliberately misleading” in a statement to Us.
“This is a case about a mother’s unwavering love for her son, her relentless fight for his success and her continued efforts to implement critical interventions for his well-being over the constant interference and obstruction of a father unable to separate his own self-serving interests from the best interests of the minor child,” Berry’s attorneys alleged in court documents.
In new court docs, however, Martinez claimed Matteo “shared with me that he was concerned that no one will believe him over his mother.”
As a result, Matteo allegedly “took a picture of [Berry] during the aftermath of the recent incident to try to establish some proof of what had happened to him. He took a picture with his phone of [Berry] sometime after the physical incident and before I arrived to pick him up.”
Us has reached out to Berry and Martinez’s attorneys for additional comment.
If you or someone you know is experiencing child abuse, call or text Child Help Hotline at 1-800-422-4453.
