Hollywood actress Halle Berry has suffered a major setback in her custody battle with former husband, French actor Olivier Martinez, after a Los Angeles court ruled that he would retain primary physical custody of their 13-year-old son, Maceo.
The ruling, delivered on Thursday, October 29, 2026, came despite Berry securing an important legal victory when the judge dissolved a temporary domestic violence restraining order previously obtained by Martinez against her.
According to reports, Los Angeles Superior Court Judge Shelley L. Kaufman rejected Berry’s request to restore the former couple’s 50-50 physical custody arrangement, leaving Martinez with primary physical custody of their son.
The decision also means Berry can no longer have overnight visits with Maceo, although she retains joint legal custody and the authority to break a deadlock with Martinez on certain major decisions concerning their son.
Martinez’s lawyer, Patrick Baghdaserians, described the custody decision as a significant victory for his client, particularly after weeks of contentious legal proceedings.
However, the court is expected to reconsider the custody arrangement in November, leaving the possibility of another change in the ongoing dispute.
The bitter legal battle began after Martinez accused Berry of physically assaulting their son during an alleged September 26 incident at her home.
In court documents, the French actor claimed Maceo contacted him seeking help, alleging that his mother had physically attacked him and placed her hands around his neck.
Martinez further alleged that the incident was not isolated, claiming there had been previous episodes of physical and emotional confrontations.
Berry strongly denied the allegations, describing her former husband’s court filing as misleading and without merit.
In her response, the actress maintained that the incident involved playful wrestling after she attempted to retrieve her phone from Maceo.
She insisted that she never choked, restrained or physically abused her son.
Berry also described herself as a survivor of domestic violence and an advocate for victims, insisting she would never deliberately harm her child.
The controversy intensified when the court considered whether Maceo should testify during the proceedings.
Berry reportedly opposed her son’s involvement, arguing that exposing him to the emotional pressure of a courtroom confrontation between his parents could be damaging.
Martinez, however, maintained that their son deserved an opportunity to tell the court his experience. Maceo eventually testified during a closed-door hearing.
Berry’s 18-year-old daughter, Nahla Aubry, also submitted a declaration supporting her mother, stating that she had never witnessed Berry physically abuse anyone.
The custody disagreement has also revived questions surrounding the former couple’s lengthy divorce proceedings and financial settlement.
Berry and Martinez married in July 2013 but separated in October 2015. Their divorce was eventually finalised in August 2023 after years of legal disagreements.
Under their settlement, they agreed to joint custody of Maceo, while Berry accepted an obligation to pay Martinez $8,000 monthly in child support, alongside 4.3 per cent of any annual income exceeding $2 million.
The latest ruling has therefore altered the practical balance of their previously agreed parenting arrangement.
Although Berry has escaped the temporary restraining order, Martinez currently retains the advantage in the physical custody dispute.
The November hearing could prove decisive in determining whether the actress regains overnight visitation or whether the present arrangement continues.
For now, the former couple’s bitter courtroom disagreement remains unresolved, with their son’s welfare at the centre of a dispute that has attracted considerable attention across Hollywood.
