Halle Berry has failed to regain joint physical custody of her 13-year-old son, Maceo, with former husband Olivier Martinez after the judge declined Berry's request to restore their previous 50/50 custody arrangement, leaving Martinez with primary physical custody under the existing temporary arrangement. The decision was made on Thursday, 29 October, following a series of court hearings involving the former couple. Berry, 60, had asked the court to restore their previous 50/50 custody arrangement, but Los Angeles Superior Court Judge Shelley Kaufman declined the request.
Martinez, also 60, will therefore retain primary physical custody of Maceo under the current temporary arrangement. Berry will continue to share joint legal custody of their son, although she will not be permitted to have overnight visits with him under the ruling.
The judge also dissolved a temporary domestic violence restraining order that Martinez had previously obtained against Berry. The court is expected to revisit the custody arrangements at a further hearing in November.
Halle Berry's Custody Bid Rejected
The latest ruling follows months of disagreements between Berry and Martinez over their son's care and custody. The former couple previously shared joint legal and physical custody under the terms of their divorce settlement, which was finalised in August 2023 after an eight-year legal process.
Their arrangement changed after Martinez sought a domestic violence restraining order in October 2026, accusing Berry of physically assaulting their son during an incident on 26 September. In his court filing, Martinez alleged that Berry attacked Maceo while he was playing a virtual reality game, claiming that she jumped on him, placed her hands around his neck and choked him.
Martinez also alleged that the incident was not an isolated occurrence and raised concerns about previous interactions between Berry and their son. A judge initially granted Martinez a temporary restraining order covering both himself and Maceo. The order also resulted in changes to Berry's visitation schedule, restricting her visits to daytime hours on specified days.
Following the temporary arrangement, Berry filed a request asking the court to reinstate her previous 50/50 custody agreement. She denied Martinez's allegations, maintaining that she had never physically, emotionally or otherwise abused their son.
Domestic Violence Restraining Order Dissolved
Although Berry was unsuccessful in her request to restore equal physical custody, the court also rejected Martinez's attempt to obtain a permanent domestic violence restraining order against her. Judge Kaufman dissolved the temporary order on 29 October, removing the restrictions imposed under that order.
Halle Berry reacts after the judge issues ruling in restraining order battle with her ex, Olivier Martinez.
Posted by usmagazine on Thursday, October 29, 2026
Berry's lawyer, Marina Beck, welcomed the decision that the legal team was pleased that the temporary restraining order had been dissolved. She added that Berry remained focused on the well-being and best interests of her family.
Martinez's lawyer, Patrick Baghdaserians, meanwhile, described the custody outcome as a significant victory for his client. The custody arrangement will remain subject to further court proceedings, with another hearing expected in November.
Berry and Martinez's Custody Dispute
Berry and Martinez married in July 2013 and welcomed their son, Maceo, later that year. They announced their separation in October 2015 after two years of marriage. Their divorce was not finalised until August 2023, when they reached an agreement covering custody and financial support.
Under the settlement, the former couple agreed to share joint legal and physical custody of Maceo. Berry was also ordered to pay Martinez $8,000 (£6,000) per month in child support, alongside an additional 4.3 per cent of any income she earned above $2 million (£1.5 million). Their disagreements over parenting arrangements continued after the divorce was finalised.
In May 2024, the pair agreed to participate in co-parenting therapy to address conflicts and improve their ability to make decisions concerning their son. However, disputes surrounding the sessions later became another point of disagreement between them. Berry also previously asked the court to restore her tie-breaking authority on certain decisions concerning Maceo, according to documents filed in October.
The latest ruling does not permanently settle the custody dispute. Berry and Martinez will continue to share joint legal custody, while Martinez retains primary physical custody under the temporary arrangement pending further court proceedings.
