Updated October 29, 2026, 4:07 p.m. ET
Halle Berry will be left without primary custody of her 13-year-old son.
A decision has been made in the ongoing legal battle between the 60-year-old actress and her ex Olivier Martinez after he accused her of physically abusing their son Maceo. On Thursday, Oct. 29, Los Angeles Superior Court Judge Shelley Kaufman denied Martinez’s request for a domestic violence restraining order, but temporarily denied Berry’s requests for 50/50 custody and overnight visitation, USA TODAY confirmed.
The former couple, who separated in 2015 after two years of marriage, previously shared joint custody until Martinez, 60, obtained a temporary restraining order earlier this month. At the time, the French actor cited a Sept. 26 incident in which Berry allegedly “attacked” Maceo by “jumping on him, putting his hands around his neck and choking him,” according to documents obtained by USA TODAY.
Martinez further alleged several prior instances of abuse involving the teen and requested sole legal and physical custody. Although Kaufman ultimately rejected a permanent domestic violence restraining order, she ruled that the TRO custody agreement would remain in place pending further proceedings.
That leaves Berry, who denies all allegations, with joint legal custody but limited physical custody of Maceo.
In a statement to USA TODAY after the Oct. 29 ruling, Berry’s attorney Marina Beck 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 attorney, Patrick Baghdaserians, told TMZ that having primary physical custody of his client is a “huge victory.”
USA TODAY has reached out to attorneys for Berry and Martinez for comment.
Berry’s attorney, Beck, previously addressed Martinez’s allegations in an Oct. 1 statement to USA TODAY. Calling Martinez’s filing “totally baseless and deliberately misleading,” Beck said there is ample evidence, including past court rulings, that Berry’s ex repeatedly violated court orders, interfered with their son’s therapeutic and educational care and alleged he was legally sanctioned for his conduct. “Fortunately, Halle is accustomed to this kind of outrageous behavior from Mr. Martinez and, while she is deeply saddened, she will not allow this to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs.”
Berry and Martinez married in July 2013 and welcomed Maceo later that same year. They filed for divorce in 2015 and it was finalized in 2023 after an eight-year legal battle, with the two agreeing to joint legal and physical custody of their son Maceo and Martinez receiving $8,000 per month in child support.
Halle Berry’s daughter speaks out in support of her mother
The “Catwoman” star also shares daughter Nahla Aubry, 18, with ex-boyfriend Gabriel Aubry. Nahla Aubry filed a written statement of support for her mother on Oct. 3, in which she told the court she was “shocked, very sad and very upset” by Martinez’s claims.
“Having lived with my mother my entire life and having personally observed her relationship with Maceo for years, the allegations are completely inconsistent with the mother I know,” Aubry wrote, calling Berry a “loving and devoted parent” who “always encouraged” her and her brother “to have loving relationships with our fathers.”
Aubry accused Martinez of being on a “quest to destroy my mother” and said she was “heartbroken” to see Maceo “be the subject of a public controversy that he may not fully understand.”
“Based on my observations throughout Maceo’s life, I believe that he loves our mother very much and shares a close bond with her. I have seen him hug her, kiss her, tell her he loves her, seek her comfort, and enjoy spending time with her,” Aubry’s statement read. “At the same time, I have also witnessed instances where Maceo has been disrespectful, sometimes aggressive and unwilling to follow the rules at home.”
She added, “When this happened, my mother responded the same way she did with me when I was little: by imposing appropriate limits and consequences, such as limiting screen time, enforcing timeouts, or restricting access to electronic devices and play dates. I never observed anything abusive about her parenting.”
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