Halle Berry’s daughter Nahla denies child abuse claims against actress: ‘Never witnessed her act violently’

Halle Berry's 18-year-old daughter, Nahla Aubry, has stepped into the custody battle between her mother and Olivier Martinez, submitting a sworn statement in which she says she has never seen the actress harm her younger brother and portrays Berry as a devoted, hands-on parent.

The declaration, filed October 3 in Los Angeles Superior Court and obtained by PEOPLE, arrives as Berry, 60, fights accusations from Martinez that she physically abused their 13-year-old son, Maceo, during an incident on September 26.

'Never observed anything abusive'

In the filing, Nahla, whom Berry shares with ex-boyfriend Gabriel Aubry, says she has lived alongside Maceo for most of his life and has never witnessed their mother act violently toward him or anyone else. She specifically rejects the kind of conduct described in Martinez's allegations, stating she has never seen Berry choke, hit or restrain her brother, nor throw objects at anyone.

Instead, she describes a mother who is affectionate but firm, someone who sets clear expectations about rules and respect while remaining closely involved in her children's lives. According to the declaration, Berry made a point of showing up for Maceo despite her career, attending his games, driving him to practices and tournaments, and pushing for his schooling, medical care and therapy. Nahla also credits her mother with arranging the siblings' schedules after the split from Martinez so the two could spend as much time together as possible.

Addressing what others may have seen as roughhousing, Nahla says she has often watched Berry and Maceo wrestle and tickle each other playfully, and that her brother only ever came away laughing.

She adds that she spoke with both of them on a call on September 29, three days after the alleged incident, and that Maceo did not appear upset.

A counterclaim against Martinez

The declaration also turns the spotlight on Martinez. Nahla alleges that, when she was a young child, she saw him attack her father in the family's driveway. She further states that Berry has never criticized either Martinez or Aubry in front of the children, and has instead encouraged both kids to stay close to their fathers.

Nahla writes that she was devastated by the allegations against her mother and says she feels sidelined by Martinez in what she characterizes as an effort to destroy Berry.

On Maceo

While Nahla says she believes Maceo loves their mother and shares a strong bond with her, she also acknowledges in the filing that her brother has at times been disrespectful, aggressive and resistant to household rules.

She says she has not been in contact with him since the case was filed because she is unsure what is allowed, and expressed concern about how the proceedings are affecting him and his relationship with Berry.

Both sides

Berry has denied abusing her son and has pointed to her own history as a survivor of domestic violence.

Martinez, in a statement to PEOPLE, said his only motivation is protecting Maceo's health and safety, and urged Berry to "take responsibility for whatever happened that night."

What happens next

Martinez filed for sole custody of Maceo on October 1, alleging both the September incident and earlier episodes of abuse. The same day, he was granted a temporary restraining order that limits Berry to daytime visits with their son: 10 a.m. to 8 p.m. on Mondays, Tuesdays, Saturdays and Sundays.

A hearing is scheduled for October 16.