Olivier Martinez says his 13-year-old son Maceo took a photograph following an alleged physical altercation at Halle Berry's home on September 26, according to court documents obtained by media outlets.
In filings with the Superior Court of California, County of Los Angeles, Martinez claims Maceo wants to testify before a judge about what occurred during the incident and express his custody preferences. The boy also seeks to speak directly with the judge, according to the documents.
Martinez alleges that the conflict began while Maceo was playing a video game with virtual reality headsets. Berry reportedly told the boy he looked foolish, after which Martinez says she physically attacked him. Martinez claims Berry grabbed his son by the neck and began choking him. Maceo called his father in a panic following the incident and asked him to pick him up immediately, according to Martinez's account.
Berry has denied the allegations, stating that she and her son were only joking and wrestling during the game.
According to Martinez's court filings, Maceo had previously made complaints about his mother getting physical with him but felt that nobody took his allegations seriously. This time, Martinez says, his son wanted photographic evidence to support his account. The photograph was taken after the September 26 incident.
Martinez filed a response to an emergency court filing that Berry submitted on October 5, which he characterized as "retaliatory." He claims Berry is misleading the judge regarding their son's medical treatment and has portrayed him as an uncooperative father who is obstructing Maceo's care.