Halle Berry has suffered a setback in her custody battle with former husband Olivier Martinez, after a Los Angeles judge declined to restore the couple’s previous 50/50 custody arrangement for their 13-year-old son, Maceo, according to TMZ reporting carried by ComingSoon, Fashion Times and ABC News. Los Angeles Superior Court Judge Shelley Kaufman ruled on October 29 that Martinez, 60, will retain primary physical custody of Maceo under the current temporary arrangement. Berry, also 60, will continue to share joint legal custody and retains the deciding vote if the parents cannot agree on major decisions, but she will not be permitted overnight visits under the ruling, according to the reports.
A mixed ruling
The hearing produced a mixed outcome. Judge Kaufman dissolved a temporary domestic violence restraining order that Martinez had previously obtained against Berry, and rejected his request for a permanent domestic violence restraining order. Berry’s attorney, Marina Beck, told reporters: ‘We are extremely pleased that the Court has dissolved the TRO.’ But the custody decision went Martinez’s way. His attorney, Patrick Baghdaserians, confirmed that the judge would not restore overnight parenting time for Berry, describing the outcome as a significant victory for his client.
Allegations denied, case not over
The dispute intensified after Martinez accused Berry of physically abusing Maceo during an incident on September 26, 2026, alleging she jumped on him and choked him while he played a virtual reality game. Berry has strongly denied the allegations, and her daughter Nahla, 18, filed a court declaration defending her mother, saying she had never seen Berry act aggressively toward Maceo. Berry had asked for sole legal custody and proposed alternating weeks of parenting time, while also countering with accusations that Martinez obstructed Maceo’s education and therapy. The arrangement remains temporary, with another hearing expected in November 2026, and neither parent has secured full, permanent custody. Berry and Martinez married in July 2013 and finalised their divorce in August 2023 after an eight-year legal process. A viral clip of Berry smiling as she left the courthouse alongside fiancé Van Hunt drew social media comment, but her representatives stressed that she retains joint legal custody and the tiebreaker vote.
