Halle Berry's Bitter Custody Battle Twists Revealed: From Incest, Abuse and Race Claims to Her Furious Sole Parenthood Fight
Aug. 22 2024, Published 9:00 p.m. ET
About Halle Berry's Children
Halle Berry hasn't had it easy, as she was in a bitter custody battles with ex Gabriel Aubry – and now she's in the middle of another one with her ex Olivier Martinez.
The former Miss USA runner-up, 58, dated the French-Canadian model starting in 2006, months after finalizing her divorce from Eric Benét. They had their daughter, Nahla Ariela, two years before they called it quits.
After their split, she moved on with Martinez and the pair got engaged in 2012.
The Dark Tide costars tied the knot in 2013 before welcoming their son, Maceo-Robert, in October of the same year.
She Petitioned for Primary Custody of Nahla… and the Custody Battle Intensified
Following Berry's split from Aubry, the exes filed and withdrew custody petitions several times beginning in 2010.
The Flintstones actress won the first round of the custody battle in 2011, with the court allowing her to take Nahla with her while doing her work as an actress.
Her lawyer told TMZ at the time: "We are pleased the judge took the time to deal with this very imminent and important issue.
"The judge read a great deal of paperwork and gave us time to argue. Halle is very pleased with the judge's order."
However, it was only the beginning of their messy custody battle as a judge later ruled in Aubrey's favor in November 2012 and denied Berry's request to move Nahla to France.
Although they came up with an agreement regarding child support in 2014, the drama continued for years after.
Gabriel Aubry Filed a Motion to End the Custody Case in 2018
In 2018, RadarOnline.com exclusively reported Aubry filed a motion to dismiss both the custody case and his request for child support from Berry after requesting joint custody in December 2017.
A source told us at the time: "I think both sides realized how out of hand things had gotten recently. They both love their daughter and want to make sure her welfare comes first."
The insider continued: "Gabriel and Halle have spoken to each other and have committed to try and make things work, without the courts – Gabe's decision to drop his case is his way of showing Halle he's prepared to take a leap of faith and trust her once again."
She Accused Gabriel Aubrey of Having an Incestuous Affair and Being Abusive
RadarOnline.com also obtained the court documents from the 2011 custody case and unveiled its contents in 2019 – including the Die Another Day actress' claims about Aubry's incestuous relationship.
Berry also accused her ex of racism and emotional abuse.
According to the Oscar winner, Aubry had a sexual relationship with a family member which caused lasting trauma.
Berry testified in the court documents: "After the first six months of our relationship, our sex life diminished and after one year we had sex less than three times per year.
"Gabriel refused to either recognize or accept responsibility for these issues. Instead, he criticized my body in ways which are very demeaning to women. I finally convinced Petitioner to go to a joint therapist to address these issues."
Berry also claimed Aubry's incestuous relationship lasted for years until the partner ended it.
In addition, the Monster's Ball star claimed her ex had psychological issues that contributed to ending their relationship.
Halle Berry Accused Gabriel Aubrey of Making Disturbing Comments About Nahla's Race
In the same 2011 Los Angeles court filing, the matriarch recalled an incident that happened shortly before Nahla's third birthday involving the "fundamentally racist" Aubry.
Berry revealed in the court documents: "Shortly after Nahla was born, Petitioner often started saying that Nahla was not Black that she was white.
"I would ask Petitioner how she could be white when she has a Black mother. Petitioner responded that in his mind I was not Black."
She continued: "Further, since this was the first time Petitioner made these revelations to me about my race and more importantly our daughter's race, I was deeply disturbed."
Halle Berry Called Out How Gabriel Aubrey Parents Their Daughter
Additional court documents also shed light on Aubry's alleged poor judgment in his parenting that nearly harmed their young daughter.
The Catwoman star revisited the incident that occurred while they were in a London hotel.
Berry claimed "Nahla could have lost her life over a simple issue" as Aubry insisted on keeping the windows open despite the room's lack of child safety features.
In a separate incident, Aubry allegedly told a driver in London to drive the car at an unsafe speed to avoid photographers.
She Also Headed Back to Court Over Custody of Her Son Maceo
While still dealing with Aubry, Berry extended her court battles as she and Martinez updated their son's custody arrangement in 2021.
The court documents revealed the ex-couple agreed to travel with Maceo outside California during their custodial times.
Halle Berry and Olivier Martinez Renewed Their Court Battle
Eight years after Berry and Martinez called it quits, they resumed their lengthy divorce battle in April 2023 to settle the remaining disputes. They hired private judge Roy Paul to assist them in the process.
Halle Berry Slammed Olivier Martinez for 'Delaying' Co-Parenting Therapy Sessions
In August 2023, Berry finalized her divorce from Martinez and agreed to pay him $8,000 per month in child support.
The filing obtained by RadarOnline.com read: "Halle and Olivier have acknowledged to the other that by entering into a negotiated settlement of all custody and child support issues between them, each has knowingly waived her/his right to a full evidentiary hearing on the merits with respect to those issues."
The estranged couple decided to share custody of Maceo and spend time with him without interfering with each other's custodial time. She was also granted the power to have family therapy with her children.
Aside from the child support, Berry agreed to give her ex 4.3% of any income above $2million "as and for additional child support for Maceo".
Halle Berry Lost Co-Parenting Therapy Bid Against Olivier Martinez
The Bruised director slammed Martinez for allegedly delaying their co-parenting therapy sessions by traveling abroad – pushing her to directly ask a Los Angeles court to intervene.
Berry's filing read: "Martinez unilaterally decided to defer co-parenting therapy altogether until September because he was traveling to France in the month of July and because his brother will be visiting him in the month of August in Los Angeles."
However, her request was denied due to "lack of exigent circumstance". A judge also agreed with Martinez's attorney, who argued there was no risk of immediate harm to Maceo.
Following the development, the Union star filed new documents to seek full custody of her son.
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