Halle Berry’s Ex Olivier Martinez Says Their Son Maceo, 13, Wants to Testify During Custody Hearings

Martinez shared that he anticipates Berry will try “to prevent our son from addressing the Court directly”

Halle Berry’s ex Olivier Martinez says their 13-year-old son wants to testify in court.

In new court documents obtained by PEOPLE, the French actor, 60, said that his teen son Maceo wants to address the court “to provide his side of the story” during the former couple’s upcoming custody hearings. Martinez said Maceo wants to openly discuss his custody preferences and the alleged incident from September. TMZ was the first to report the news.

“He should have the opportunity to have his voice heard regarding what he experienced that night,” Martinez wrote in his declaration. “If he is prevented from addressing the Court regarding these allegations, I fear that he would be dissuaded from reporting problems or potential abuse in the future.”

Representatives for both Berry and Martinez didn’t immediately respond to PEOPLE’s request for comment.

Martinez went on to say that he anticipates Berry, 60, will try “to prevent our son from addressing the Court directly,” explaining that their son’s testimony will be “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,” he wrote. “To the extent that Petitioner attempts to prevent our son from speaking with a Judge regarding what happened, I fear this is an attempt to escape culpability for what occurred.”

Martinez also claimed that Maceo expressed concern over no one believing him over his mother.

“He explained to me that he has complained to therapists in the past about his mother being physical with him, and that these people either downplay or dismiss his concerns,” Martinez claimed. “He already feels that people are prone to take dismiss any concerns he has about Petitioner.”

On Oct. 1, Berry was accused by her ex-husband, Olivier Martinez, of being violent toward their 13-year-old son, Maceo. Martinez filed for sole custody of Maceo, claiming that Berry “physically abused” him in a Sept. 26 incident and alleging “other instances of abuse” in recent years.

Martinez previously told PEOPLE in a statement, “My paramount concern is and always has been the health, welfare, and safety of our son, Maceo. My actions are solely motivated by protecting him. I hope that Halle takes responsibility for whatever happened that night and keeps our son’s welfare in mind.”

Since the news broke, Berry has denied the accusation, saying she is a victim of domestic violence herself. In a declaration filed on Monday, Oct. 5, and obtained by PEOPLE, Berry stated, “I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.”

She continued, “I am not a perpetrator of violence. I would never hurt our child.”

Berry, who’s the mother of Nahla Ariela, 18, with ex-boyfriend Gabriel Aubry, through her attorney Marina Beck has strongly denied the allegations, calling them “entirely meritless and deliberately misleading.”

“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck said, later adding, “Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”

In response to Martinez’s accusations, Berry’s daughter, Nahla, defended Berry and denied the claims in an Oct. 3 Los Angeles Superior Court declaration obtained by PEOPLE. “I never observed anything abusive about her parenting,” Nahla wrote.

Nahla described her mom as a “loving and devoted parent” who is “warm, supportive, and deeply involved,” and “can be strict when necessary and expects her children to follow rules and be respectful.” She continued by claiming she’s never seen her mother physically abuse Maceo.

“I have never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way,” Nahla wrote. “I have never seen my mom place her hands around Maceo’s neck, put him in a chokehold, restrict his breathing, or engage in any conduct remotely resembling the allegations that have been made against her.”

If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.

Via: People