LOS ANGELES, CA. (THECOUNT) — Halle Berry has lost her latest bid to restore equal physical custody of her 13-year-old son, Maceo, with ex-husband Olivier Martinez awarded primary physical custody in a new ruling in their ongoing custody dispute. The judge also dissolved a domestic violence restraining order, while leaving Berry with joint legal custody and the authority to break ties when the former couple disagrees on decisions involving their son.
Martinez’s attorney, Patrick Baghdaserians, told TMZ that the judge rejected Berry’s request to return to a 50/50 physical custody arrangement. Berry and Martinez had shared joint custody previously, but the latest ruling gives Martinez primary physical custody for now.
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Baghdaserians characterized the decision as a “huge victory” for his client after the judge heard evidence about both parents’ relationships with Maceo. The attorney said the court is expected to revisit custody issues in November, meaning the current arrangement could be reconsidered as the case continues.
The judge also reportedly ruled that Berry may no longer have overnight visits with Maceo. Martinez had sought additional restrictions on Berry’s parenting time during holidays, but that request was denied.
Although Berry lost the physical custody issue, her representative emphasized that she retains joint legal custody. According to the representative, Berry also holds tie-breaking authority if she and Martinez cannot agree on decisions affecting their son.
The latest decision comes amid an increasingly contentious custody dispute that has included allegations of domestic violence, arguments over the child’s testimony and disagreements over evidence presented to the court.
Martinez previously alleged that Berry choked Maceo, an accusation Berry denied. The allegations became part of the custody proceedings, but they should not be treated as established findings of fact solely because they were raised in court.
Berry had also sought to prevent Maceo from testifying, arguing that Martinez had coached their son. The judge ultimately heard the child’s testimony during a closed proceeding, with both parents ordered out of the courtroom while he testified.
The private hearing underscored the sensitive nature of the dispute, which centers on the parents’ competing claims about their son’s welfare and the appropriate custody arrangement. Details of a child’s testimony in a closed hearing may remain unavailable to the public.
The case also took a new turn earlier this week after a post appeared on Berry’s Instagram account. The post stated: “If kids disrespect their mom, the root cause often traces back to their relationship with the father.” The account’s activity was described in reports as potentially involving a hack, and it was not established that Berry personally wrote or authorized the message.
Martinez’s legal team brought the post to the court’s attention and sought to reopen evidence. His attorney argued that the message was “disturbing my client’s peace.” Judge Kaufman denied the request, according to TMZ’s report.
The judge’s refusal to reopen evidence did not prevent the court from issuing the separate custody ruling. The two matters concern different questions: whether the Instagram post should be added to the evidentiary record and how physical custody should be allocated while the case proceeds.
Berry and Martinez married in 2013 and divorced in 2016. Their son, Maceo, is 13. The former couple’s dispute has continued long after their marriage ended, with the latest ruling altering physical custody but leaving Berry’s joint legal custody in place.
The custody decision is not necessarily final. The judge is expected to revisit the issue in November, according to Martinez’s attorney, leaving open the possibility of further changes to the parenting arrangement. Until then, Martinez has primary physical custody, Berry is barred from overnight visits, and the request to impose additional holiday restrictions on her time with Maceo has been denied.
The proceedings are taking place in Los Angeles County, Southern California, where family court matters involving custody and domestic violence orders are generally handled through the county’s Superior Court system. The specific courthouse for this hearing was not independently confirmed.
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