Halle Berry Asks Court to Force Olivier Martinez to Attend Co-Parenting Therapy, Says Ex Has 'Careless Disregard' For Process

A Superior Court judge denied Berry's request on Aug. 1 in court documents obtained by PEOPLE

Halle Berry's request for a court to intervene in her and Olivier Martinez's co-parenting agreement for their 9-year-old son Maceo has been denied as she alleged that he hasn't been seeing a co-parenting coach as they previously planned.

On May 29, The Union actress, 57, and her ex-husband Martinez, 58, agreed to "co-parenting therapy" with a coach  to "resolve disputes and conflicts between them in an effort to successfully co-parent" Maceo, according to court papers obtained by PEOPLE at the time.

Now, Berry alleges Martinez has failed to continue seeing the coach. She claimed that Martinez "unilaterally terminated" coaching sessions without telling her or the coach, per a new filing in the Superior Court of California in Los Angeles County obtained by PEOPLE on Thursday, Aug. 1.

In the filing, she claims Martinez "has chosen to repeatedly violate agreements and court orders with careless regard," adding that his alleged "conduct harms" their son and the exes' "already strained relationship."

Halle Berry (L) and Olivier Martinez attend the Treats! Magazine Pre-Oscar Party
Haller Berry and Olivier Martinez in 2015.

Joshua Blanchard/Getty

Berry wanted Martinez to be ordered to attend at least one more meeting before the end of July and continue with the previously agreed schedule in August. Berry asked the court to "enforce Olivier's compliance" with the agreement by Monday, July 29.

However, Judge Shelley Kaufman denied the request on Thursday due to "lack of exigent circumstances," per court papers seen by PEOPLE. In other words, the judge did not deem it an urgent, emergency matter.

In her filing, Berry noted that in the two months after she and Martinez signed the agreement on May 29, they were each supposed to complete their individual sessions before beginning joined sessions. The co-parenting therapist would then contact the necessary third parties (their son's school, therapists) amid the process.

"None of that has occurred," the filing alleged. "In fact, not a single conjoint session has been scheduled and not a single third party has been contacted."

Berry said that instead, Martinez allegedly took "the summer off" and pushed back co-parenting therapy until September as he was going to France in July, and his brother was visiting him in Los Angeles in August.

Halle berry, Olivier Martinez
Halle Berry; Olivier Martinez.

Steve Granitz/Getty; Angela Weiss/Getty

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The filing pointed out that the sessions are via Zoom, so it doesn't matter where the parties are located.

According to Berry, Martinez also allegedly "refuses to complete the necessary paperwork that would allow the coparenting therapist to speak to necessary third parties." She accused Martinez of being the one to recommend co-parenting therapy as a tactic to "delay intervention at all costs" and "interfere with Halle's relationship with Maceo without repercussion."

 Halle Berry and Olivier Martinez
Halle Berry; Olivier Martinez.

Getty(2)

Ultimately, Berry has accused Martinez of upending "the entire therapeutic process."

Berry said she tried to settle the matter with Martinez personally and their attorneys before taking it to court.

Berry and Martinez finalized their divorce last August. Under the agreement, the two would share joint legal custody and Berry will pay Martinez $8,000 a month in child support as well as "4.3% of any income she receives above $2,000,000" in additional support.

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Berry first filed for divorce in October 2015 after two years of marriage.

“It is with a heavy heart that we have come to the decision to divorce,” the two said in a joint statement to PEOPLE. “We move forward with love and respect for one another and the shared focus of what is best for our son. We wish each other nothing but happiness in life and we hope that you respect our and, most importantly, our children’s privacy as we go through this difficult period."

PEOPLE reached out to representatives and attorneys for both Berry and Martinez.

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