Halle Berry loses custody to ex Olivier Martinez amid abuse allegations

Halle Berry will remain without primary custody of her 13-year-old son.

A decision has been made in the ongoing legal battle between the actress, 60, and her ex Olivier Martinez after he accused her of physically abusing their son Maceo. On Thursday, Oct, 29, Los Angeles Superior Court judge Shelley Kaufman dismissed Martinez's request for a domestic violence restraining order, but denied Berry's requests for 50/50 custody and overnight visits, according court documents obtained by NBCLA .

The former couple, who split in 2015 after two years of marriage, previously shared joint custody until Martinez, 60, was granted a temporary restraining order earlier this month. At the time, the French actor cited an incident on Sept. 26, during which Berry allegedly "attacked" Maceo by "jumping on him, putting her hands around his neck, and choking him," per documents obtained by USA TODAY.

Halle Berry's life in the spotlight – Photos of her highlights

Martinez further alleged several prior instances of abuse involving the teen and sought sole legal and physical custody. While Kaufman ultimately rejected a permanent domestic violence restraining order, she ruled that the custody arrangement from the TRO would stay in place pending additional proceedings.

This leaves Berry, who denies all allegations, with joint legal custody, but limited physical custody of Maceo.

In a statement to USA TODAY after the Oct. 29 ruling, Berry's attorney, Marina Beck, said, "We are extremely pleased that the Court has dissolved the TRO. As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family."

Martinez's lawyer, Patrick Baghdaserians, told TMZ that his client having primary physical custody is a "huge victory."

USA TODAY has reached out to lawyers for Berry and Martinez for comment.

Berry's attorney Beck previously addressed Martinez's allegations in an Oct. 1 statement to USA TODAY. Calling Martinez's filing "entirely meritless and deliberately misleading," Beck said there is extensive evidence, including previous court rulings, that Berry's ex repeatedly violated court orders, interfered with their son's therapeutic and educational care and alleged he has been legally sanctioned for his conduct."In a way, today's filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior," Beck said. "Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo's best interests and providing him with the love and support he needs."

Berry and Martinez married in July 2013 and welcomed Maceo later that same year. They filed for divorce in 2015 and it was finalized in 2023 after an eight-year legal battle, with both agreeing to joint legal and physical custody of their son Maceo and for Martinez to receive $8,000 a month in child support.

Halle Berry's daughter spoke out in support of her mom

The "Catwoman" star also shares 18-year-old daughter Nahla Aubry with ex-boyfriend Gabriel Aubry. Nahla Aubry submitted a written declaration on Oct. 3 in support of her mom, in which she told the court she was "shocked, very sad, and very upset" by Martinez's claims.

"Having lived with my mom my entire life and having personally observed her relationship with Maceo for years, the allegations are completely inconsistent with the mom I know," Aubry wrote, calling Berry "a loving and devoted parent" who has "has always encouraged" both her and her brother "to maintain loving relationships with our fathers."

Aubry accused Martinez of being on "quest to destroy my mom" and said she is "heartbroken" to see Maceo "become the subject of a public dispute that he may not fully understand."

"Based on my observations throughout Maceo's life, I believe he loves our mom very much and shares a close bond with her. I have seen him hug her, kiss her, tell her he loves her, seek her comfort, and enjoy spending time with her," Aubry's declaration read. "At the same time, I have also witnessed occasions when Maceo has been disrespectful, at times aggressive, and unwilling to follow rules at home."

She added, "When that occurred, my mom responded the same way she did with me when I was growing up: by enforcing appropriate boundaries and consequences, such as limiting screen time, imposing time-outs, or restricting access to electronics and play dates. I never observed anything abusive about her parenting."