Halle Berry's Ex Olivier Martinez Keeps Primary Custody Of Their Son

A Los Angeles judge has delivered a divided ruling in the custody dispute between Halle Berry and her ex-husband, Olivier Martinez. Although the actress successfully fought off a domestic violence restraining order, she won't immediately regain the equal parenting time she previously shared with Martinez. Their 13-year-old son, Maceo, will continue living primarily with his father under an arrangement that limits Berry's visits.

Judge Shelley L. Kaufman denied Martinez's request for a longer-term restraining order Thursday (Oct. 29) and dissolved the temporary order issued earlier this month. However, Berry's request to restore their previous 50/50 custody arrangement was unsuccessful. People reported that the modified schedule will remain in place until another hearing in November.

Under those restrictions, Berry can see Maceo during designated daytime hours but cannot have him stay overnight. The former spouses continue sharing legal custody. Berry's attorney, Marina Beck, welcomed the dismissal of the restraining order, while Martinez's attorney, Patrick Baghdaserians, called the custody decision a "huge victory" for his client.

The legal battle intensified after Martinez accused Berry of physically assaulting Maceo during a Sept. 26 confrontation at her home. He alleged that the actress jumped on their son and placed her hands around his neck during an argument involving a virtual reality game. Berry has denied abusing Maceo, maintaining that the incident involved playful wrestling that escalated when her son pushed her. In a court declaration, she stated, "I have never physically, emotionally or otherwise abused Maceo." She has also accused Martinez of attempting to undermine her relationship with their son.

The proceedings included nearly four hours of testimony from Maceo during a closed hearing on Oct. 19. Berry had opposed allowing him to testify, arguing that Martinez had influenced his account. Her daughter, Nahla Aubry, also submitted a declaration defending her mother, saying she'd never witnessed Berry physically abuse her younger brother.

The former couple married in 2013 and separated two years later, though they didn't finalize their divorce until 2023. Their disagreements over parenting continued afterward, eventually leading to the current proceedings.

Thursday's decision leaves Berry facing significant restrictions despite the dismissal of the restraining order. As MyNewsLA reported, Kaufman rejected her request to resume equal physical custody, but the parents are scheduled to return to court in November. That hearing will revisit the custody arrangement and determine whether Berry's parenting time should change.