Halle Berry’s ex-husband, Olivier Martinez, will retain primary physical custody of their 13-year-old son, Maceo, after a judge rejected Berry’s request to restore their previous 50/50 custody arrangement. The actress also remains barred from overnight visits following the latest ruling.
According to TMZ, the judge also dissolved a temporary domestic violence restraining order against Berry, giving her a partial win in the ongoing legal battle. However, lifting the restraining order didn’t restore her previous custody arrangement.
Martinez’s attorney, Patrick Baghdaserians, called the custody decision a “huge victory,” telling TMZ the judge considered evidence about how both parents care for their son. Martinez’s request to restrict Berry’s custody time during holidays was denied.
Berry retains joint legal custody and has the final say when the former couple cannot agree on decisions, according to TMZ. The judge is expected to revisit the custody arrangement in November.
The custody dispute intensified after Martinez accused Berry of physically abusing their son during a September 26 incident while he was playing a virtual reality game. Martinez alleged Berry put her hands around Maceo’s neck and choked him, allegations she’s denied.
On October 2, Martinez was granted a temporary restraining order that restricted Berry to daytime visits with their son.
Berry denied the allegations, saying she and Maceo were “playfully roughhousing” and that she never choked him or restricted his breathing. She also accused Martinez of coaching Maceo and challenged evidence he submitted in court.
In an earlier filing, Berry said, “I would never hurt our child,” according to TMZ. Her daughter, Nahla Aubry, also submitted a declaration saying she had never witnessed her mother physically abuse Maceo.
Berry and Martinez finalized their divorce in 2023 after an eight-year legal process. They previously shared custody of Maceo.
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