Halle Berry Loses Primary Physical Custody of Son to Ex-Husband

Halle Berry has reportedly lost primary physical custody of her 13-year-old son, Maceo, to her ex-husband, Olivier Martinez. Under the ruling by Los Angeles Superior Court Judge Shelley L. Kaufman, Martinez will retain primary physical custody, while Berry will no longer be allowed overnight visits with their son.

According to NBC Los Angeles, the judge rejected Berry’s request to restore the former couple’s 50/50 custody arrangement following a multi-day hearing. However, the ruling was not entirely against the actress, as Kaufman also dissolved the temporary domestic violence restraining order Martinez had obtained against her and rejected his request to make it permanent.

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The dispute followed allegations that Berry physically abused Maceo during an incident in September. Martinez claimed that she became aggressive and choked their son while he was playing a virtual reality game. He also alleged that Maceo contacted him after the incident and asked him to pick him up.

Berry denied the accusations, stating in court documents that ” I have never physically, emotionally or otherwise abused Maceo. I am a victim of domestic violence and I help victims of domestic violence. I am not a perpetrator of violence. I would never hurt our child.”

Her legal team described Martinez’s allegations as meritless and deliberately misleading, while accusing him of interfering with Maceo’s education and therapeutic care.

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Halle also reportedly tried to prevent Maceo from taking the stand, claiming that Martinez had coached him. However, Maceo eventually gave his testimony behind closed doors, with both Berry and Martinez ordered to leave the courtroom.

Earlier this week, Berry’s Instagram account was reportedly hacked, and a post appeared on the account suggesting that children who disrespect their mothers may be influenced by their relationship with their fathers. The post was later brought up in court, with Martinez’s lawyer asking the judge to reopen the evidence. His lawyer reportedly argued that the post was disturbing his client’s peace, but Judge Kaufman denied the request.

Although Martinez currently retains primary physical custody under the modified arrangement, the matter is not permanently settled. The court is expected to review the custody issues again in November.

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Berry and Martinez met in 2010 while filming Dark Tide and married in July 2013. They welcomed Maceo in October that year before separating in October 2015. Their divorce was finalised in August 2023. Berry also shares an 18-year-old daughter, Nahla, with her former partner, Gabriel Aubry.