Olivier Martinez will continue to have temporary primary physical custody of his and Halle Berry’s 13-year-old son, Maceo, after a judge declined the actress’s request to restore equal parenting time.
TMZ reports that Berry had asked to resume their previous 50/50 physical custody arrangement. She can still spend time with Maceo but cannot have him stay overnight. Martinez also requested additional limits on her time with their son during holidays, but the judge denied that request.
Berry still shares joint legal custody of Maceo, and her representative told the outlet that she retains tie-breaking authority when she and Martinez cannot agree on decisions involving their son. The court will reconsider custody in November.
Us Weekly clarified that Thursday’s proceedings were not a custody hearing but instead concerned Martinez’s request for a domestic violence restraining order on behalf of himself and Maceo. The judge denied that request and dissolved the temporary order against Berry on October 29.
“We are extremely pleased that the Court has dissolved the TRO,” Berry’s attorney, Marina Beck, told the publication after the hearing.
An eyewitness told Us Weekly that Berry appeared “ecstatic” following the ruling. Outside the courtroom, she smiled and embraced her fiancé, Van Hunt.
The proceedings stemmed from Martinez’s allegation that Berry choked Maceo during a September 26 incident involving a virtual reality game. Berry has denied abusing their son.
“I have never physically, emotionally, or otherwise abused Maceo,” she stated in a court declaration, according to reporting cited by The National Desk.
Over nine days, the court heard testimony from both parents, Maceo, his therapist, a school official, Berry’s daughter, Nahla Aubry, and Hunt. Maceo testified in a closed hearing.
Berry and Martinez have each sought sole legal custody, which would give one parent decision-making authority. As for their son’s living arrangements, Berry proposed that Maceo alternate weeks between their homes, while Martinez requested sole physical custody. A final decision remains pending.
Berry and Martinez married in 2013 and separated two years later. When their divorce was finalized in 2023, they agreed to share custody of Maceo.
