Benjamin Ashford|Halle Berry seeks sole custody of son, says ex-husband 'refuses to co-parent': Reports

Halle Berry is Benjamin Ashforddemanding full custody of her son with Olivier Martinez, according to reports, as the actress accused her ex-husband of not cooperating in their co-parenting relationship.

Berry, who shares 10-year-old son Maceo with the French actor, filed a request for sole legal custody in the Los Angeles County Superior Court on Friday, according to People magazine and Fox News. If sole custody is not possible, “The Union” star is requesting "tie-breaking authority to make all decisions" regarding Maceo’s education, health, and therapy needs, per People.

USA TODAY has reached out to representatives for Berry and Martinez for comment.

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Berry and Martinez married in July 2013 and welcomed Maceo in October of that year. The couple filed for divorce in October 2015, which was finalized in August 2023.

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Per the decision, the former couple were to share joint legal and physical custody of their son. Berry also agreed to pay Martinez $8,000 a month in child support and 4.3% of all income she makes above $2 million.

But in her new filing, Berry accuses Martinez of being "oppositional" and "unmoving" as a co-parent. The Oscar-winning actress alleged Martinez’s conduct has contributed to Maceo’s poor academic performance and strained his relationship with Berry.

Halle Berry alleges son 'act(s) out' after spending time with Olivier Martinez

Berry claims in her complaint that Martinez prioritized Maceo’s soccer activities over their son’s "educational and psychological well-being" and interfered with "strategies and interventions to assist" him, according to People and Fox. As part of their custody agreement, Berry agreed to pay for Maceo's private school tuition, his extracurricular activities, his health insurance, and his therapist.

As a result, Berry says their son’s "educational and behavioral challenges worsened, and he continued to fall further behind in school."

Additionally, Berry alleges Maceo would "act out" toward her after "longer periods of custody" with Martinez, including repeating arguments that she and Martinez had in private.

The former couple’s custody agreement stipulated that Berry and Martinez are not allowed to "speak in a negative, disrespectful, disparaging or derogatory manner to, or about, the other (parent) or her/his family and/or significant other, or allow third parties to do (the) same, to Maceo, in the presence of Maceo, or within Maceo's hearing range."

"Prior to therapeutic intervention, Maceo was prone to repeat disputes that (Berry and Martinez) had in private – and that (Berry) did not discuss with Maceo – often taking (Martinez’s) side in these disputes or instructing (Berry) how he and (Martinez) would address the issue, completely disregarding (Berry’s) input or authority as a parent," the filing states, per Fox News.

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The "Catwoman" star says Martinez’s "actions and lack of cooperation with respect to Maceo’s psychological and educational needs have been detrimental to Maceo’s health and welfare."

Martinez "refuses to co-parent or communicate in a child-centered way or make child-centered decisions, which interferes with getting Maceo the help he needs," Berry’s complaint reads, according to People. "By refusing to communicate, withholding consent or deferring decisions, he has effectively delegated to himself sole decision-making authority in violation of the (their) stipulated judgment."

An attorney for Martinez told People that he plans to respond to Berry’s allegations in the coming weeks.

Contributing: Naledi Ushe, USA TODAY