A Los Angeles judge has denied Halle Berry‘s request to restore equal custody of her 13-year-old son, Maceo, while also dismissing the domestic violence restraining order that her ex-husband, Olivier Martinez, had sought against her. The ruling, issued on October 29, 2026, by Los Angeles Superior Court Judge Shelley Kaufman, leaves Martinez with temporary primary physical custody and Berry with limited visitation that does not include overnight stays. The decision closes a two-week courtroom battle but does not end the legal dispute, with the court scheduled to review the custody arrangement again in November.
What the Judge Ruled on October 29
Judge Shelley Kaufman delivered a split decision that gave each side a partial victory. Martinez, 60, retained primary physical custody of Maceo, a ruling his attorney Patrick Baghdaserians called a “huge victory”. Berry, also 60, was denied her request to return to the former couple’s previous 50-50 physical custody arrangement and was blocked from having overnight visits with her son.
At the same time, the judge dissolved the temporary restraining order that Martinez had obtained against Berry earlier in October and rejected his request for a longer-term domestic violence restraining order. Berry still holds joint legal custody, which gives her a say in major decisions about Maceo‘s education, health, and welfare. Reports also indicate she retains tie-breaking authority if the two parents cannot agree.
Under the current terms, Berry can see Maceo on Mondays and Tuesdays, as well as on alternating weekends, with visitation hours set between 10 a.m. and 8 p.m. on weekend days. The arrangement is temporary and will remain in place until the next court hearing.
“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.”
— Marina Beck, attorney for Halle Berry
The September 26 Incident at the Center of the Case
The legal battle reignited after Martinez accused Berry of physically abusing Maceo during an incident on September 26, 2026, at her home. In court filings, Martinez alleged that Berry “attacked” their son by “jumping on him, putting her hands around his neck, and choking him” during an argument that reportedly began over virtual reality goggles. He also claimed there had been other instances of abuse over the past 18 months.
Berry has denied all allegations of abuse. In her own court declaration filed on October 5, she said the two had been play-wrestling and that she never placed her hands around Maceo‘s neck or choked him. She stated she was “absolutely blindsided” by Martinez‘s filing and that he had never contacted her to discuss the incident or ask for her account of what happened.
“Olivier never contacted me to discuss the incident, never asked for my account of what occurred, never expressed concern regarding Maceo’s alleged allegations or questioned me about them or raised any issue of abuse whatsoever.”
— Halle Berry, in a court declaration
Martinez‘s attorney, Patrick Baghdaserians, framed the custody outcome as a child-focused result. “He values Maceo above his own mental health. Maceo comes first,” Baghdaserians told ABC News, adding that Martinez‘s priority is to “protect” his son.
Olivier Martinez Says He Wants Mother and Son to Reconcile
After the ruling, Martinez told Extra that he hopes Maceo and Berry can repair their relationship in the future. The French actor said he does not want his son to hold resentment toward his mother.
“I truly hope Maceo and his mother will be able to have a better relationship in the future… I don’t want my son to hate his mom. I want him to love her. I want him to forgive her, and I want them to reconciliate in some sort at one point.”
— Olivier Martinez
The court has also required Berry to attend counseling sessions to work on repairing her relationship with Maceo. Martinez‘s legal team has said the goal is not to create a permanent break between mother and son, but to ensure the teenager’s well-being while the family works through the issues.
Nahla Aubry Defended Her Mother in Court
Berry‘s 18-year-old daughter, Nahla Aubry, submitted a written declaration on October 3 in support of her mother. Nahla, whom Berry shares with ex-boyfriend Gabriel Aubry, wrote that Martinez‘s allegations were “completely inconsistent with the mom I know” and described Berry as “a loving and devoted parent”.
Nahla also stated that she had witnessed occasions when Maceo was “disrespectful, at times aggressive, and unwilling to follow rules at home,” and that Berry responded by enforcing boundaries and consequences such as limiting screen time or restricting access to electronics—not through abuse. She said she was “shocked, very sad, and very upset” by the claims against her mother.
Social Media Reaction: Smiles Outside Court Spark Questions
A viral clip of Berry leaving the courthouse on October 29 showed the actress smiling and laughing with her fiancé, Van Hunt, and her attorney. The moment drew immediate reactions on social media, with some users questioning her expression given the custody ruling.
“Weird response, smiling like that,” one Instagram user commented, according to SheFinds.
Another user speculated that the attorney may have told her to “put the smiles on as soon as we turn the corner”. One user called the expression “bizarre”. Supporters of Berry pushed back, noting that the restraining order had been dissolved and that she had reason to feel relieved about that part of the ruling. An eyewitness told Us Weekly that Berry was “ecstatic” after the decision and was seen hugging her fiancé.
Background: A Divorce That Took Eight Years
Berry and Martinez married in July 2013 and filed for divorce in 2015 after two years of marriage. The divorce was not finalized until August 2023, nearly eight years after the initial filing. Under that settlement, the former couple agreed to joint legal and physical custody of Maceo, and Berry was ordered to pay Martinez $8,000 per month in child support, plus 4.3% of any income she earns above $2 million.
The current custody dispute began in late September 2026 and escalated quickly when Martinez obtained a temporary restraining order on October 1, which also gave him temporary primary custody while the case proceeded. A two-week court battle followed, including testimony from Berry‘s fiancé, Van Hunt. The October 29 ruling is the latest development, but the case is not closed.
What Happens Next in Court
Judge Kaufman has scheduled the next hearing for November 2026, when the custody arrangement will be reviewed again. Until then, Martinez keeps primary physical custody, Berry keeps joint legal custody with tie-breaking authority, and overnight visits remain off the table for Berry. The counseling requirement for Berry also remains in effect.
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Berry‘s attorney has said the actress will continue to focus on her family’s well-being. Martinez‘s attorney has said his client’s priority is Maceo‘s protection and stability. The November hearing will determine whether the current arrangement stays in place or is adjusted.
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