Olivier Martinez has asked a judge to block Halle Berry’s daughter, Nahla Aubry, from testifying in the custody fight over their son, Maceo, while urging that the 13-year-old be allowed to speak to the court about what he says he experienced. The filing puts two questions at the center of the Halle Berry child custody hearing: who gets to be heard, and whose account will matter most.
That move comes after Martinez last month sought a temporary restraining order accusing Berry of physically abusing Maceo. He said Berry allegedly jumped on the boy, put her hands around his neck and choked him, and that a panicked Maceo called him to be picked up after the alleged incident. Martinez was then granted primary custody, while Berry lost 50/50 custody and was limited to daytime visits two days a week and every other weekend.
Martinez now says Nahla does not have significant bearing on the case and is “unquestionably biased.” He argued it was not appropriate for Berry to try to insert her daughter into litigation that does not involve her. At the same time, he says Maceo should have the chance to address the court because, as a 13-year-old, it would be in his best interest to speak now and explain what happened on September 26th. Martinez said he believes the boy’s testimony could be the key to the court learning the full truth 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.”
The filing lands after Nahla made a rare statement in court documents last week defending Berry, describing her as a loving and devoted parent who can be strict when necessary. She said she never saw Berry hit, slap, choke, grab or otherwise physically abuse Maceo, and said she had never seen her mother put her hands around the boy’s neck, restrict his breathing or do anything remotely resembling the allegations. That puts Martinez in the odd position of pressing for one child’s voice while trying to bar another from adding hers, even though Nahla is not part of the custody case over Maceo.
What comes next is the judge’s call on whether either child can testify. If Maceo is allowed to speak, his account could become the most important evidence in the dispute; if Nahla is excluded, Martinez’s effort to narrow the case to the boy’s own words will have succeeded, at least for now.
