Halle Berry will remain without primary custody of her 13-year-old son, Maceo, after a Los Angeles Superior Court judge dissolved a temporary restraining order requested by her ex-husband, Olivier Martinez, but awarded Martinez primary physical custody under a modified visitation schedule.
The decision on Thursday, October 29, 2026, brought a temporary resolution to a bitter legal battle between the actress, 60, and her ex, Martinez, 60, following allegations that Berry had physically abused their son. Superior Court Judge Shelley Kaufman dismissed Martinez’s request for a permanent domestic violence restraining order, handing a key victory to Berry’s defense team. However, the court left in place the physical custody arrangement established under an earlier temporary restraining order.
That ruling means Martinez retains primary physical custody of Maceo, while Berry’s physical custody is limited to Mondays, Tuesdays, and alternating weekends of the month. The court also ruled that Berry cannot have overnight visits with her son at this time. Both parents retain joint legal custody of the teenager.
Los Angeles Superior Court Hearings and Closed-Door Testimony
The custody proceedings entered their second week in late October, featuring closed-door testimony from multiple family members. Berry’s 18-year-old daughter, Nahla Aubry, testified virtually behind closed doors during the Monday hearing following an earlier written declaration supporting her mother. Berry’s fiancé, Van Hunt, 56, also returned to the witness stand for cross-examination during the hearings.
Maceo himself testified for nearly four hours on the first day of the proceedings, with the judge limiting his remarks strictly to Martinez’s restraining order request. During the first week, Berry’s attorney grilled Martinez regarding a 2024 sworn statement in which he had denied any history of domestic violence between the former couple, though Martinez’s counsel argued that earlier declaration was made only to address legal fees.
Disputed Allegations Stemming From a September Incident
The intense legal dispute was ignited by an alleged incident on September 26, 2026, at Berry’s home. Martinez claimed that Berry attacked Maceo after going into his room while the teenager was playing a virtual reality game, alleging in court documents that she placed the teen in a headlock and choked him. Martinez sought sole legal and physical custody of their son following the altercation.
Berry vehemently denied all allegations of abuse. In court documents filed in October, she explained that the encounter was merely a playful wrestling match that escalated during roughhousing. She submitted photographic evidence taken by Maceo that she argued showed her standing calmly with her hands in her pockets without any visible injuries on the teenager. Her legal team repeatedly described Martinez’s filings as entirely meritless and deliberately misleading.
Legal Statements and Future Court Proceedings in November
Following the October 29 rulings, legal representatives for both sides offered sharply contrasting assessments of the outcome. Marina Beck, an attorney representing Berry, issued a public statement celebrating the court’s decision regarding the restraining order.
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.
Marina Beck, Attorney for Halle Berry
On the opposing side, Patrick Baghdaserians, an attorney for Martinez, characterized the custody ruling as a major triumph for his client. According to reports from legal representatives, Berry’s legal team had formally asked the court to restore their previous 50/50 physical custody arrangement, but Judge Kaufman rejected that request.
He values Maceo above his own mental health. Maceo comes first. From our perspective the court rendered order fosters that. Maceo comes first. This is not a gamesmanship to one-up the other party.
Patrick Baghdaserians, Attorney for Olivier Martinez
While Martinez secured primary physical custody, Berry’s representatives noted that she maintains joint legal custody and holds tiebreaking authority in the event that she and Martinez reach an impasse on major decisions regarding their son’s education and medical care.
The current custody arrangement is temporary. Judge Kaufman scheduled the parties to return to court in November to review the visitation schedule, leaving open the possibility of further adjustments to parenting time and overnight visitation.