Halle Berry Loses Bid to Restore 50/50 Custody as Olivier Martinez Keeps Son’s Primary Care

A judge has dissolved Halle Berry’s domestic violence restraining order against Olivier Martinez, but also declined her request to return to an equal physical custody arrangement for their 13-year-old son, Maceo, according to a report by TMZ. Martinez’s attorney, Patrick Baghdaserians, told the outlet that his client now has primary physical custody. Berry and Martinez previously shared custody, and her legal team had asked the court to restore a 50/50 split. The judge rejected that request for now, while leaving custody issues open for another review in November, TMZ reported. The ruling also bars Berry from having overnight visits with Maceo, according to the report. Martinez had sought limits on Berry’s time with their son during holidays, but the judge denied that request. Berry retains joint legal custody, and her representative told TMZ that she has the deciding vote if the former couple cannot agree on a legal matter. Baghdaserians characterized the primary-custody decision as a significant win for Martinez, saying the judge had heard evidence about how both parents care for Maceo. The case has been marked by disputes over the boy’s welfare. Martinez alleged that Berry choked their son, a claim she denied. Maceo later gave testimony in a closed court hearing after the judge ordered both parents out of the room. Berry had opposed her son taking the stand, arguing that Martinez had coached him, according to the report. The court ultimately heard Maceo’s testimony privately. TMZ also reported that a post appeared on Berry’s Instagram earlier in the week suggesting that a child’s disrespect toward a mother may be linked to the father. Martinez’s legal team asked to reopen evidence after the post, but Judge Kaufman denied the request, the outlet said. The custody decision is not necessarily final: the judge is expected to reconsider the arrangements in November. For now, the court has left Berry with joint legal authority while Martinez has primary physical custody, according to the account provided by the parties’ representatives.