Halle Berry Claims Olivier Martinez Is ‘Unjust’ in Delaying Custody Case, He Says She’s ‘Taking Advantage’ of Him: Filings

The former couple have been going back and forth in court over custody of their 10-year-old son Maceo

Halle Berry is alleging her ex Olivier Martinez is delaying the custody case involving their 10-year-old son Maceo, while Martinez claims that The Union actress is trying to unfairly take advantage of him.

In new court documents obtained by PEOPLE, Berry claims that her ex-husband, 58, is causing "detrimental harm" to their son by filing a request to delay their upcoming custody hearing.

Berry, 58, claims that Maceo is struggling and is "grade levels" behind in school, having been diagnosed with ADHD, specific learning disorders and mild dyslexia. She alleges that the French actor is "either oblivious" to their son's challenges or "carelessly disregards them," which she says proves he's not fit to make decisions for Maceo.

Related: Halle Berry Seeks Sole Legal Custody of Son Maceo, Says Olivier Martinez 'Refuses to Co-Parent' in 'Child-Centered Way'

Berry claims that by delaying their custody hearing, Martinez is delaying a "ruling on interventions necessary for the parties' struggling child" and attempting to "extract" more money from Berry.

Berry also says Martinez's claim that he needs to hire an expert to testify on his behalf is "nonsensical" given that the third-party witnesses she's asked to speak are ones who know Maceo intimately.

"It would be unjust, and certainly detrimental to Maceo, to continue the September 10, 2024 hearing by 120 days on the basis that third-party percipient witnesses are expected to testify or that Olivier somehow needs to retain other unidentified experts," the documents read.

Shortly after Berry filed her documents on Friday, Aug. 23, Martinez also filed documents, obtained by PEOPLE. He alleges that Berry is taking advantage of him by not allowing him time to prepare and "attempting to bootstrap her way into an immediate hearing" to give him the "absolute minimum."

Martinez says Berry, who previously filed for sole legal custody of Maceo, is "refusing" to set a hearing date that works for him, claiming that Berry has refused his request for help paying for his legal counsel, despite "admittedly earning several millions of dollars at this time."

He continues, alleging that Berry is "keeping him from being able to defend himself both by not having any time or fees to deal with her extreme request," and claims that she is "not allowed to take advantage of [him]."

In the documents, Martinez says he "cannot be forced to give up his right to discovery or his right to have sufficient time to prepare his response his response simply because [Berry] is attempting to force and railroad him into submission."

On Aug. 16, Berry filed a request for sole legal custody of Maceo. Per legal documents obtained by PEOPLE, Berry is requesting custody, “or in the alternative, tie-breaking authority to make all decisions” about his education, health and therapy needs.

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In the filing, Berry claimed she's made an effort to address her son's "educational challenges" and additional behavioral concerns as she "fought for tutoring, an educational assessment and finding an environment that was suitable to Maceo’s needs."

The filing alleged that Martinez, however, has been "oppositional, unmoving and withheld his consent for years."

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