A judge shut down Halle Berry’s motion for an emergency court order as part of her bitter divorce battle with ex-husband Olivier Martinez, In Touch can exclusively report.
According to court documents obtained by In Touch, a Los Angeles superior court judge denied the ex parte motion brought by Halle, 57, this week demanding Olivier, 58, resume coparenting therapy sessions.
Last year, Halle and Olivier settled their divorce despite her having filed the case in 2016.
The exes share a 10-year-old son, Maceo. In the motion, Halle claimed Olivier had violated their recent settlement in regard to coparenting therapy.
She claimed Olivier decided to skip out on sessions for the summer without the therapist’s approval. Olivier said he would resume sessions in September but Halle asked the judge to force him to attend immediately.
She said they were supposed to have finished six sessions by July 14.
Halle’s lawyer wrote, “It should never be necessary to seek judicial intervention solely to compel a party to comply with their own agreements. A person’s word – particularly those that become contractual obligations and then orders of the Court – should carry weight and have meaning. Unfortunately, that has not been the standard upheld by Respondent, Olivier Martinez, in this case. To the contrary, he has chosen to repeatedly violate agreements and court orders with careless disregard. To him, the terms of the parties’ stipulated court orders are simply suggestions to follow when it benefits him and which he ignores when it does not fit his alienation agenda.”
“Olivier’s conduct harms the parties’ son, Maceo, causes further damage to the parties’ already strained relationship and forces [Halle] to incur unnecessary attorney’s fees to constantly seek relief from the Court,” her lawyer said.
Halle wrote in a declaration, “I have tried to resolve these issues directly with Olivier without involving our lawyers – Olivier refused my efforts. My lawyer, Marina Beck, tried to resolve these issues directly with Olivier’s now third lawyer for weeks but her efforts were ignored and later refused.”
Olivier’s legal team fired back at Halle’s emergency request.
They argued the issue did not warrant an emergency hearing and accused Halle of bringing the emergency motion when she knew Olivier was unreachable on vacation.
Olivier’s legal team said, “[Halle] knowingly noticed her ex parte request when she knew Olivier] would be traveling and would be unable to communicate with his counsel to respond to [Halle’s] ex parte request, thus further impeding [Olivier’s] right to be heard.”
“[Halle] is constantly attempting to harass and strong-arm [Olivier] by forcing him into ‘submission’ using her wealth, and the legal professionals at her disposal,” his team said. “At the same time, she has refused to agree to provide a fee contribution toward [Olivier’s] legal fees incurred, which does the absolute opposite of leveling the proverbial field,” they added.
The judge ruled the matter wasn’t an emergency and instructed Halle to file a regular motion to deal with the issue.
The order read, “[Halle’s] ex parte relief is denied. Lack of exigent circumstances as defined under the code. A regularly noticed request may be filed.”
