Halle Berry loses primary custody of son to Olivier Martinez as judge lifts restraining order

The Oscar-winning actress will no longer have overnight visits with her 13-year-old son following a court ruling, but a judge declined to make a temporary domestic violence restraining order permanent.

Halle Berry has suffered a setback in her ongoing custody battle with ex-husband Olivier Martinez after a Los Angeles judge awarded the French actor primary physical custody of their 13-year-old son, Maceo.

According to NBC Los Angeles, Los Angeles Superior Court Judge Shelley L. Kaufman rejected Berry’s request to reinstate the former couple’s 50/50 custody arrangement following a multiday hearing. The ruling also prohibits the Oscar-winning actress from having overnight visits with her son.

However, the decision wasn’t entirely in Martinez’s favor. The judge also dissolved a temporary domestic violence restraining order against Berry, rejecting Martinez’s effort to make the protective order permanent.

The ruling follows weeks of contentious legal proceedings stemming from allegations that Berry physically abused Maceo during a September confrontation at her home.

Martinez alleged that Berry became physically aggressive with their son while he was playing a virtual reality game. He claimed Maceo subsequently contacted him about the incident and sought a restraining order and sole custody.

Berry has vehemently denied the allegations.

“I have never physically, emotionally or otherwise abused Maceo,” Berry stated in court documents cited by NBC Los Angeles. “I am a victim of domestic violence and I help victims of domestic violence. I am not a perpetrator of violence. I would never hurt our child.”

Berry’s legal team previously described Martinez’s allegations as “entirely meritless and deliberately misleading,” accusing him of interfering with their son’s education and therapeutic care.

The former couple’s dispute has also drawn other family members into the proceedings. Berry’s 18-year-old daughter, Nahla Aubry, whom she shares with former partner Gabriel Aubry, submitted a declaration supporting her mother and disputing Martinez’s characterization of her behavior.

According to the Los Angeles Times, Nahla stated that she had never witnessed her mother behave violently toward anyone.

Maceo also testified during the proceedings, although his testimony was conducted behind closed doors.

Despite the decision to award Martinez primary physical custody, Berry retains joint legal custody of their son, according to TMZ. The distinction means that while Maceo will primarily reside with his father, Berry continues to have a role in major decisions affecting his upbringing.

Berry and Martinez married in 2013 and welcomed Maceo that October. They separated in 2015, but their divorce wasn’t finalized until 2023, following years of disagreements over custody and financial arrangements.