Olivier Martinez has been awarded primary physical custody of his 13-year-old son with Halle Berry, in the latest ruling in the former couple’s bitter custody dispute. Berry has lost overnight visits with Maceo, although she retains joint legal custody and the power to break a deadlock over decisions concerning their son.
The former couple had previously shared custody equally. The new arrangement is expected to be reviewed by the judge next month.
The ruling follows allegations made by Martinez in court that Berry physically abused Maceo during an incident on September 26. He alleged that she “jumped on him and choked him”. Berry has denied the allegations.
Martinez was also granted a temporary restraining order against Berry earlier this month, covering both himself and Maceo. However, a judge later rejected his request for a domestic violence restraining order, and the temporary order was dissolved.
Marina Beck, Berry’s lawyer, said: “We are extremely pleased that the Court has dissolved the TRO. As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”
Martinez’s lawyer, Patrick Baghdaserians, said Berry’s legal team had sought to restore the former 50/50 custody arrangement, but that request was rejected.
The dispute intensified during a hearing at Los Angeles Superior Court, where Martinez’s lawyers sought to question Berry about an Instagram post she had shared. The post repeated a quotation claiming that children’s disrespect towards their mother could be traced to their relationship with their father.
Berry’s legal team described the attempt to reopen evidence as a “last-minute grasp at straws” and “nothing more than a witch hunt”. The judge refused the request.
In an earlier filing, Berry accused Martinez of interfering in Maceo’s schooling and therapy and of involving the teenager in the custody proceedings. She asked for sole legal custody over his education, healthcare and mental-health treatment, as well as extended authority to make deciding votes when the pair could not agree.
Berry also claimed that Maceo’s behaviour at school had worsened since the temporary restraining order was issued. Her filing referred to reports from school administrators alleging that he had become increasingly oppositional and disruptive, though those claims have not been tested at trial.
The actress has additionally asked for Maceo to attend individual and joint therapy for a year and for communication between the parents to take place through a co-parenting application.
Berry attended court with her fiancé, Van Hunt, and emerged smiling alongside him and her lawyer after the latest hearing. Berry and Martinez were married from 2013 to 2015, and finalised their split in 2023.
