Halle Berry applies for sole custody of Olivier Martinez’s son Maceo

Halle Berry is demanding sole custody of her son Maceo, claiming that his father, Oliver Martinez, “refuses to participate in his son’s upbringing or to communicate in a child-friendly manner.”

Weeks later The Union The actress, 58, claimed her ex-husband, also 58, failed to continue seeing a co-parenting coach — and after a source told PEOPLE that co-parenting has “not been easy” for the former spouses — Berry filed a motion for sole custody of their 10-year-old son on Friday, August 16.

According to legal documents obtained by PEOPLE, Berry is seeking custody “or, in the alternative, sole decision-making authority” over his education, health and therapy needs.

The documents, filed in the Superior Court of California in Los Angeles County, come one year after the divorce, nearly eight years after their separation in 2015. At that time, they agreed to share joint custody of their son. Berry paid Martinez $8,000 a month in child support and an additional “4.3% of any income she receives in excess of $2,000,000.”

In her latest lawsuit, Berry claims she has worked to address her son’s “educational challenges” and additional behavioral issues by “fighting for tutoring, an academic evaluation, and finding an environment that accommodates Maceo’s needs.”

However, the filing alleges that Martinez was “oppositional and inflexible and refused to give his consent for years.”

“Because of Defendant’s years-long opposition to any interventions and because Defendant prioritized football activities over Maceo’s academic and mental well-being, Maceo’s academic and behavioral problems worsened and he continued to fall behind in school,” the document states.

Specifically, Berry claims Maceo “acted out” with her when he spent “extended periods of time in custody” of his father, and her son “replayed arguments” the former couple had had in private. She claims Martinez claimed the boy was “old enough to make his own decisions.”

A lawyer for Martinez told PEOPLE he will “respond to these allegations” in the coming weeks. A representative and an attorney for Berry did not respond to PEOPLE’s request for comment.

Berry’s legal team argues in the complaint that Martinez “ignored the professionals hired to help Maceo and aggressively stood in the way of implementing strategies and interventions to assist Maceo.” It also alleges that Martinez “interfered with custody rights, withheld information from the plaintiff, made unilateral decisions on Maceo’s behalf, involved Maceo in the conflict of parties, and refused to follow recommendations from Maceo’s school.”

“In summary, the defendant refuses to co-parent the children or to communicate in a child-friendly manner or to make child-friendly decisions, which prevents him from providing Maceo with the help he needs,” the complaint states. “By refusing to communicate, withholding consent or delaying decisions, he has given himself sole decision-making authority, thereby violating the parties’ agreed-upon judgment.”

A source told PEOPLE in early August that Berry and her ex-husband have “very different parenting styles” and that “they both love Maceo” – who they welcomed in October 2013.

The former couple had previously agreed to meet with a coach to “resolve disputes and conflicts between them in an effort to successfully co-parent Maceo,” according to court documents obtained by PEOPLE in May.

In a later filing, Berry claimed that Martinez “unilaterally terminated” the training sessions without telling her or the trainer. While she asked the court to “enforce Olivier’s compliance” with their agreement, a judge denied the request because there were “no exigent circumstances” or the matter was not considered urgent.

Berry and Martinez met in 2010 and separated in October 2015 after two years of marriage. Since 2020, the actress has been in a relationship with her boyfriend, musician Van Hunt.

“She is incredibly happy with Van. He is always her biggest fan. They are great together,” the source said earlier this month.