French actor Olivier Martinez has been awarded primary physical custody of his and Halle Berry's 13-year-old son, Maceo, in a significant development in their contentious custody battle. A judge also ruled that Berry will no longer be permitted overnight visits with their child.
Despite the ruling, Berry retains joint legal custody and holds the tie-breaking vote in decisions regarding Maceo. Martinez’s request for a domestic violence restraining order against Berry was denied by the court. "We are extremely pleased that the Court has dissolved the TRO," said Marina Beck, Berry's attorney, in a statement to Page Six. "As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family."
The ruling follows a recent temporary domestic violence restraining order Martinez obtained against Berry. He had accused her in a court filing of physically abusing their son in an incident on September 26. Berry has denied these allegations.
During a recent hearing, Martinez's attorney attempted to reopen evidence to question Berry about an Instagram post she shared, which he argued violated the terms of a temporary restraining order. The post featured a quote about the relationship between children and their parents. Berry's attorney characterized the request as a "last-minute grasp at straws" and a "witch hunt."
Judge Shelley Kaufman ultimately denied the request to reopen evidence. Following closing arguments, the court made its decision on primary custody. Earlier in the proceedings, Berry's fiancé, Van Hunt, testified. Martinez's legal team had proposed recalling Maceo as a witness, but the court determined this would have to be in person, leading Martinez to withdraw the request.
In previous filings, Berry had claimed Martinez repeatedly interfered with issues concerning Maceo's schooling and therapy, hindering progress. She alleged that Martinez involved Maceo in the custody battle and undermined her efforts with the teen. Berry had requested sole legal custody for matters of Maceo's education, healthcare, and mental health treatment, and an extension of her tie-breaking authority to prevent further conflict and harm to the child. Her legal team asserted that Martinez's actions were manipulative and aimed to obstruct necessary interventions for Maceo.
Berry also pointed to escalating behavioral issues at Maceo's school, citing school administrator letters that described him as increasingly oppositional and disruptive. She claimed that with Martinez's encouragement, Maceo believed he had a say in educational and welfare decisions. Berry had requested a year of individual and conjoint therapy sessions for Maceo with a therapist of her choosing, and for all communication between parents to be exclusively through the Our Family Wizard co-parenting app, with limited daily messages.