Olivier Martinez has secured a significant courtroom victory in his contentious custody dispute with ex-wife Halle Berry over their 13-year-old son, Maceo.
The latest legal clash began earlier this month, when Martinez accused Berry of physically abusing their son. Berry has denied every allegation.
According to TMZ, Martinez, 60, has now been granted primary physical custody of Maceo, while Berry, 60, has lost overnight parenting time with their son.
A representative for Berry told the outlet that the actress still shares joint legal custody and retains tie-breaking authority if she and Martinez cannot agree on important decisions.
Martinez and Berry previously shared custody of Maceo equally. Earlier this month, Martinez was granted primary physical custody and obtained a temporary restraining order covering both himself and their son.
However, a judge on Thursday rejected Martinez’s request for a domestic violence restraining order, according to Page Six.
‘We are extremely pleased that the Court has dissolved the TRO,’ Berry’s attorney, Marina Beck, told Page Six. ‘As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.’
Halle Berry’s ex Olivier Martinez has won a major ruling in their custody dispute over 13-year-old Maceo. Berry is pictured arriving at court with her fiancé, Van Hunt, on Wednesday
Berry’s representative said she continues to share joint legal custody and retains tie-breaking authority if the former couple cannot reach an agreement
The dispute intensified after Martinez alleged in a court filing that Berry had ‘physically abused’ Maceo during a September 26 incident, claiming she jumped on him and choked him. Berry has denied the accusations.
A Page Six source described the dissolution of the temporary restraining order as ‘a huge win’ for Berry.
Martinez’s attorney, Patrick Baghdaserians, told TMZ that Berry’s lawyers had sought to restore the former 50/50 custody arrangement, but that the judge rejected their request.
The custody arrangement is expected to be reviewed again next month.
Photographs showed Berry smiling as she left the courthouse with Hunt and her attorney on Thursday.
The Daily Mail has contacted attorneys for both Berry and Martinez for comment.
The latest ruling came two days after lawyers for Berry and Martinez faced off in court during the continuing custody dispute.
At a hearing in Los Angeles Superior Court, Martinez’s attorney asked Judge Shelley Kaufman to reopen the evidence so he could question Berry about an Instagram post she shared Monday, according to a Page Six reporter in the courtroom.
Baghdaserians accused Berry of violating the terms of a temporary domestic violence restraining order.
Berry’s lawyer characterized the request to question her as a ‘last-minute grasp at straws’ and ‘nothing more than a witch hunt,’ according to the publication.
Martinez’s legal team objected to a repost that Berry had shared to her Instagram Stories on Monday. The post has since disappeared.
Berry’s repost included a quotation attributed to relationship coach Kai Vinci: ‘If kids disrespect their mom, the root cause often traces back to their relationship with the father.. [100 emoji].’
Berry smiled as she left the courthouse following the hearing
Berry was accompanied by her fiancé and attorney Marina Beck
‘We are extremely pleased that the Court has dissolved the TRO,’ Berry’s attorney Marina Beck told Page Six
Responding to the request to reopen questioning, Berry’s attorney said Martinez’s legal team was ‘just intending to re-open evidence and continue their false narrative,’ according to reports.
Beck also alleged that Baghdaserians deliberately made the request in open court to ensure reporters would witness it.
Martinez’s attorney denied that allegation, telling the court that the request was not dependent on the presence of the media, Page Six reported.
Baghdaserians argued that Berry’s post appeared on her Instagram Stories shortly after the evidence had closed.
‘This sort of conduct is the reason we are here today,’ he said, claiming the post had disturbed his client’s ‘peace’ and ‘calm.’
Judge Kaufman ultimately declined to reopen the evidence.
TMZ reported that Martinez had been granted primary physical custody of the couple’s 13-year-old son
Page Six reported that the courtroom was cleared after the exchange, as attorneys for Berry and Martinez presented their closing arguments.
According to a minute order reviewed by The Daily Mail, Martinez had previously been questioned by attorneys for both sides on Friday, October 23.
Berry’s fiancé, 56-year-old Van Hunt, also testified under questioning from her legal team, according to court documents. The musician was reportedly on the property during the incident involving Berry and her son.
After Hunt’s testimony, Martinez’s attorneys asked to recall Maceo as a rebuttal witness and have him testify remotely, the minute order stated.
Martinez later withdrew the request after the court ruled that Maceo would have to appear in person if he testified again, according to the documents.
Hunt was seen leaving the courthouse at around 4 p.m. Friday. Page Six reported that he appeared ‘relieved’ after testifying and was seen laughing with one of Berry’s attorneys.
The outlet also reported that Berry rubbed Hunt’s arm as they left the courthouse.
Martinez and his legal team were seen leaving at approximately 4:30 p.m., according to Page Six.
Berry’s 18-year-old daughter, Nahla Aubry, was expected to testify remotely during Monday’s hearing, the publication reported.
In a filing submitted earlier this month to Los Angeles Superior Court and reviewed by The Daily Mail, Berry alleged that Martinez had repeatedly involved himself in disputes over Maceo’s education and therapy, hindering progress on multiple fronts.
She also claimed that Martinez had improperly drawn Maceo into the custody dispute and undermined her relationship with the teenager, according to the filing.
Berry asked the court to grant her ‘sole legal custody over matters relating to Maceo’s education, healthcare, and mental-health treatment’ and to make her tie-breaking authority permanent.
Berry and her partner left the Stanley Mosk Courthouse in downtown Los Angeles
Berry said those measures were necessary ‘so that necessary interventions can be implemented without continued delay, conflict, and harm to the child.’
Her attorneys wrote that the case ‘has been and continues to be about Olivier’s efforts to use manipulation, alienation, and litigation to obstruct necessary interventions for Maceo and to circumvent orders.’
Berry’s legal team also argued that the allegations were not simply her ‘characterization of events,’ stating that Martinez’s ‘custom and practice is confirmed by numerous judicial findings, court orders, and sanctions.’
Berry said Maceo’s behavioral problems at school had ‘significantly escalated’ since the temporary restraining order was issued earlier this month.
She cited letters from school administrators stating that Maceo had become ‘increasingly oppositional, defiant, and disrespectful toward both peers and authority figures.’
According to the filing, school officials also said Maceo had become more disruptive, harassed a younger student, used inappropriate language, thrown objects at classmates, received a week of detention and announced on his own that he was changing schools.
Berry further alleged that, with Martinez’s encouragement, Maceo had been led to believe he could influence decisions about his education, healthcare, extracurricular activities and general welfare.
Along with seeking sole custody, Berry asked the court to approve a year of therapy for Maceo, including both individual and joint sessions with a therapist of her choosing.
She also requested that the former couple communicate exclusively through Our Family Wizard, a co-parenting application. Under her proposal, each parent would check the app once daily and send no more than one message per day unless there was an emergency.
Berry and Martinez were married from 2013 until 2015, and finalized their divorce in 2023.
Get the latest celebrity scoops and Hollywood scandals delivered straight to your inbox with our new Spotlight US newsletter
