Los Angeles judge denies Halle Berry's request for equal custody amid abuse allegations

A Los Angeles Superior Court judge on Oct. 29 denied actress Halle Berry's request for 50/50 physical custody and overnight visits with her 13-year-old son, Maceo, while also dismissing ex-husband Olivier Martinez's request for a permanent domestic-violence restraining order. The ruling leaves the existing temporary arrangement, established after Martinez obtained a restraining order earlier in the month, in place pending further proceedings. Martinez had alleged that Berry physically abused Maceo on Sept. 26, describing an incident in which she allegedly jumped on the boy, placed her hands around his neck and choked him. Berry has denied the accusations.

"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," Berry's attorney Marina Beck said in a statement to USA TODAY. Martinez's lawyer, Patrick Baghdaserians, told TMZ that his client securing primary physical custody was "a huge victory." The court's decision maintains joint legal custody for Berry but limits her physical custody rights. The dispute follows a lengthy divorce that was finalized in 2023 after an eight-year legal battle, during which the parties agreed to joint legal and physical custody and a child-support arrangement of $8,000 per month to Martinez. Berry's daughter, Nahla Aubry, submitted a written declaration supporting her mother, describing the allegations as inconsistent with the mother she knows and characterizing Martinez as seeking to damage Berry.