Olivier Martinez asks that Halle Berry's daughter not testify in custody battle

Olivier Martinez is requesting that a judge not allow Halle Berry's daughter to be involved in the ex-couple's custody battle over their son, Maceo.

Nahla Aubry is the 18-year-old daughter of Berry and her ex Gabriel Aubry.

"Ms Aubry does not have any significant bearing on this case," Martinez claimed in court documents obtained by Us Weekly on Monday.

"Ms Aubry is unquestionably biased. I do not believe it is appropriate for (Berry) to try to insert her daughter into litigation that does not involve her."

In a sworn statement obtained by the outlet earlier this month, Aubry noted that she had never seen her mother "hit, slap, choke, grab or physically abuse Maceo in any way".

She added, "In all my years living with my mom, I have never witnessed her act violently toward anyone."

Martinez did, however, argue that his and the Oscar winner's son, Maceo, "wants to speak with the court to provide his side of the story".

"Given that our son is 13 years old, I believe it would certainly be in his best interest for him to address the court at this time," Martinez argued in court documents.

"He should have the opportunity to have his voice heard regarding what he experienced that night. I am the parent who wants the truth to come out. I am the parent who does not want to suppress Maceo's voice."

Martinez obtained a domestic violence restraining order on behalf of himself and Maceo on 1 October, and sought an emergency change to his and Berry's 50-50 custody agreement.

The Revenge actor has alleged that Maceo told him during a phone call on 26 September that he'd been "physically attacked" and "choked" by Berry during an argument.

Berry's attorney has denied the abuse allegations, calling them "entirely meritless and deliberately misleading".