Olivier Martinez Awarded Primary Custody of Son Amid Halle Berry Abuse Allegations
On October 29, the Los Angeles Superior Court awarded physical custody of 13-year-old Maceo to his father, Olivier Martinez, following a domestic dispute involving Halle Berry. The custody ruling marks a major turn in the legal proceedings between the former couple, though the court declined to issue a permanent restraining order against Berry.
Judge Grants Martinez Primary Physical Custody
Shelley Kaufman granted primary physical custody to Martinez during the October 29 hearing. Martinez’s attorney described the outcome as an immense victory for his client, noting to Extra that the opposing party received no visitation rights and that the child remains protected. At the same time, the court denied Martinez complete legal custody and refused to issue a protective order against Berry.
While Berry lost her bids for joint custody and overnight visits, the temporary restraining order that had previously been issued against her was lifted. According to statements provided to Extra by her legal counsel, Berry’s team expressed extreme satisfaction that the preliminary injunction for abuse had been set aside. The tribunal ordered Berry to participate in therapeutic sessions aimed at rebuilding her relationship with her son.
Parents Dispute Details of September Altercation
The custody decision stems from an intense dispute over an incident on the evening of September 26. Conflicting accounts of the altercation between Berry and her son concerning a virtual reality game emerged. Martinez alleged that Berry physically mistreated the teenager by grabbing him by the neck in a choking position. Berry contested this version of events, maintaining that she never laid hands on her child and arguing that the teenager had pushed her during what she characterized as rough housing, as noted by People.
Further complicating the household dynamics, the family had already been arguing over Maceo's education and his neurodivergent diagnosis, matters on which Berry and Martinez held sharply conflicting views. Amid the allegations, Nahla Aubry, Berry’s 18-year-old daughter from her relationship with Gabriel Aubry, stepped forward to defend her mother. Nahla stated that she had never witnessed Berry place her hands around Maceo’s neck, choke him, or restrict his breathing.

Court Revisits Custody Arrangements in November
Despite the current restrictions on overnight visits, Martinez voiced a desire for family reconciliation. In comments shared with Extra, he stated that he hopes Maceo and his mother can build a better relationship and that he wants his son to forgive her. Berry, who is engaged to Van Hunt, indicated through her legal team that she intends to focus entirely on her family’s well-being moving forward. TMZ reported that the Los Angeles court will revisit custody arrangements during a follow-up hearing scheduled for November.
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