Halle Berry's Ex Olivier Martinez Gains Custody Advantage in Court Battle
A judge ruled against overnight visits for Berry, while dissolving a temporary restraining order sought by Martinez.
Olivier Martinez has secured a significant legal victory in the custody dispute over his and Halle Berry's 13-year-old son, Maceo. A judge ruled Thursday that Maceo will not be allowed to live with Berry for the time being, following a two-week court battle.
Martinez, 60, had accused Berry, also 60, of physically abusing their son, allegations Berry has denied. Following the ruling, Martinez expressed hope for improved relations between Maceo and his mother. "I truly hope Maceo and his mother will be able to have a better relationship in the future," he told Extra. "I don't want my son to hate his mom. I want him to love her. I want him to forgive her, and I want them to reconciliate in some sort at one point."
The court decision means Berry will no longer be allowed overnight visitations with Maceo and must attend counseling sessions to address their relationship. However, the judge rejected Martinez's request for a domestic violence restraining order against Berry.
"We are extremely pleased that the Court has dissolved the TRO," said Marina Beck, Berry's attorney. "As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family."
According to TMZ, Martinez was awarded primary physical custody of Maceo, and Berry has lost overnight visits. A representative for Berry confirmed to the outlet that she retains joint legal custody and holds tie-breaking authority if she and Martinez cannot agree on decisions.
Previously, Martinez had joint 50/50 custody with Berry and had been granted a temporary restraining order against her earlier in October. This order, however, was dissolved by the judge on Thursday.
During the legal proceedings, Martinez's attorney attempted to reopen evidence to question Berry about an Instagram post she had shared. The post featured a quote about the relationship between children and their fathers. Berry's legal team called the request a "last-minute grasp at straws" and a "witch hunt."
Judge Shelley Kaufman denied the request to reopen evidence. Attorneys for both sides presented closing arguments before the courtroom was cleared.
Martinez's legal team had also proposed Maceo testify remotely as a rebuttal witness, but this request was withdrawn when the court stated any testimony would need to be in person. Berry's fiancé, musician Van Hunt, also testified during the proceedings.
In recent filings, Berry had claimed that Martinez frequently interfered with Maceo's schooling and therapy, hindering progress. She sought sole legal custody over educational, healthcare, and mental-health matters for Maceo, along with tie-breaking authority.
Berry's legal team argued in a filing that Martinez's actions aimed to "use manipulation, alienation, and litigation to obstruct necessary interventions for Maceo." The filing cited school administrator letters indicating Maceo's behavior had escalated, becoming oppositional and disruptive. Berry requested that both parents communicate exclusively through a co-parenting app, limiting daily contact.
The court is expected to reconsider the custody matter next month. Berry and Martinez were married from 2013 to 2016, with their divorce finalized in 2023.