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Olivier Martinez has asked a judge not to allow Halle Berry’s daughter to intervene in the custody battle over the former couple’s son Maceo.
Nahla Aubry is the 18-year-old daughter of Berry and her ex Gabriel Aubry.
“Mr. Aubrey has no material connection to this case,” Martinez argued in court documents obtained by Us Weekly on Monday.
“Ms Aubry is undoubtedly biased and I do not believe it is appropriate for (Berry) to seek to involve her daughter in litigation that does not concern her.”
In an affidavit obtained by this outlet earlier this month, Aubrey noted that he had never seen his mother “hit, hit, strangle, grab or physically abuse Maceo in any way.”
She added: “In all the years I lived with my mother, I have never seen her be violent towards anyone.”
But Martinez insisted she and the Oscar winner’s son, Maceo, “want to talk to the court and make their case.”
“Given that our son is 13 years old, we believe it would be in his best interest to appear in court right now,” Martinez argued in court documents.
“Everyone should have the opportunity to be heard about what they went through that night. I am a parent who wants the truth to come out. I am a parent who does not want to suppress Maceo’s voice.”
Martinez obtained a domestic violence restraining order on her and Maceo’s behalf on Oct. 1 and sought emergency changes to her and Berry’s 50-50 custody agreement.
The Revenge actor claimed Maceo told him in a phone call on September 26 that he had been “physically attacked” by Berry and “choked” during the altercation.
Berry’s lawyer denied the abuse allegations, calling them “completely meritless and deliberately misleading.”