Halle Berry is challenging her ex-husband's use of a photograph in the custody dispute over their 13-year-old son, Maceo.
In an Oct. 13 filing, Berry argued that the image did not substantiate Olivier Martinez's abuse allegations, according to People
. Per an Oct. 12 filing, Martinez said Maceo "immediately took a picture of" Berry after an alleged Sept. 26 incident because he feared being disbelieved.Berry's response said the image showed her standing away from Maceo with her hands in her pockets. Her filing argued that there is no photograph "depicting an injury to Maceo, any redness, any bruising, any mark on his neck" that corroborates Martinez's allegations.
Martinez,
60, sought sole custody and a domestic violence restraining order in Los Angeles Superior Court on Oct. 1, according to documents obtained by USA TODAY. Martinez alleged Berry attacked their son as well as earlier incidents of abuse.
The "Dark Tide" actor alleged that during a Sept. 26 altercation, Berry "physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him."
Berry has denied the allegations, and her attorney, Marina Beck, previously called Martinez's filing "entirely meritless and deliberately misleading" in a statement to USA TODAY.
Halle Berry's daughter Nahla Aubry has defended her
Nahla Aubry, 18, supported her mother in a written declaration to Los Angeles Superior Court Judge on Oct. 3. Berry shares her daughter with former boyfriend Gabriel Aubry.
"I was shocked, very sad, and very upset when I learned about Olivier's allegations against my mom," Aubry wrote. "Having lived with my mom my entire life and having personally observed her relationship with Maceo for years, the allegations are completely inconsistent with the mom I know."
Nahla said she had never witnessed Berry physically abuse Maceo and described a close relationship between her mother and brother. She described Berry as "a loving and devoted parent" who encouraged her children "to maintain loving relationships with our fathers."
Nahla also added that she believed Martinez was on a "quest to destroy my mom."
"I never observed anything abusive about her parenting," Nahla wrote.
She also expressed concern about how the public dispute could affect Maceo and his relationship with Berry.
An Oct. 1 temporary restraining order limited Berry's parenting time to daytime visits on Mondays, Tuesdays, Saturdays and Sundays ahead of an Oct. 16 hearing.
Berry and Martinez married in 2013 and filed for divorce in 2015, which finalized in 2023 with an agreement to share legal and physical custody of Maceo.
Contributing: Liza Esquibias, USA TODAY
This article originally appeared on USA TODAY: Halle Berry addresses photo taken by their son amid ex's abuse allegations
