Olivier Martinez has secured a significant courtroom win in his bitter custody dispute with ex-wife Halle Berry.
TMZ reports that Martinez was granted primary physical custody of the former couple’s 13-year-old son, Maceo. The ruling also means Berry can no longer have overnight visits with him.
A representative for Berry told the outlet that the actress continues to share joint legal custody and retains tie-breaking authority if she and Martinez cannot agree on important decisions.
Page Six reports that the judge also rejected a domestic violence restraining order sought by Martinez, which would have protected him and Maceo from Berry.
‘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.’
A source described the latest ruling as a ‘huge win’ for Berry.
Earlier this month, Martinez, 60, obtained a temporary domestic violence restraining order after accusing Berry in court documents of ‘physically abusing’ their 13-year-old son by ‘jumping on him and choking him’ during an incident on September 26. Berry has denied every allegation.
Halle Berry’s ex Olivier Martinez has won primary physical custody of their son Maceo amid their bitter custody dispute, while the actress has lost overnight visitation; Berry was seen arriving at court with her fiancé, Van Hunt, on Wednesday
A representative for Berry said the actress continues to share joint legal custody and retains tie-breaking authority if she and Martinez cannot reach an agreement
The ruling came two days after attorneys for Berry and Martinez reportedly clashed in court during the ongoing custody case involving their son.
At a hearing in Los Angeles Superior Court, Martinez’s attorney, Patrick Baghdaserians, asked Judge Shelley Kaufman to reopen the evidence so he could question Berry, 60, about an Instagram post she shared on Monday, according to a Page Six reporter in court.
Baghdaserians reportedly alleged that Berry had violated the terms of the temporary domestic violence restraining order.
Berry’s attorney, Marina Beck, described the request 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 on her Instagram Stories on Monday. The post has since disappeared.
Berry’s repost featured a quote 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].’
Responding to the request to reopen questioning, Berry’s attorney reportedly accused Martinez’s legal team of trying to ‘re-open evidence and continue their false narrative.’
Beck also claimed that Baghdaserians deliberately made the request in open court so that reporters would hear it.
According to Page Six, Martinez’s attorney denied that accusation and said the request was not dependent on the presence of the press.
Baghdaserians argued that Berry’s post appeared on her Instagram Stories shortly after the evidence portion of the hearing had concluded.
TMZ reports that Martinez was awarded primary physical custody of the former couple’s 13-year-old son
‘This sort of conduct is the reason we are here today,’ he said, accusing Berry’s post of disturbing his client’s ‘peace’ and ‘calm.’
Judge Kaufman ultimately denied the request to reopen the evidence.
Page Six reported that the courtroom was later cleared as attorneys for Berry and Martinez presented their closing arguments.
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Martinez had previously been questioned by attorneys on both sides on Friday, October 23, according to a minute order reviewed by Our News Outlet.
Berry’s fiancé, 56-year-old Van Hunt, also testified while being questioned by her legal team, according to court documents. The musician had been at the property during the incident involving Berry and her son.
After Hunt’s testimony, Martinez’s attorneys proposed recalling Maceo ‘as a rebuttal witness and to present his testimony remotely,’ the minute order stated.
Martinez later withdrew that request after the court ruled that Maceo would have to testify in person if he were called again, according to the documents.
Hunt was seen leaving court at around 4 p.m. on Friday, Page Six reported. The outlet said he appeared ‘relieved’ after testifying and was ‘seen laughing’ with one of Berry’s attorneys.
Earlier this month, Martinez, 60, obtained a temporary domestic violence restraining order against Berry after accusing her in court documents of ‘physically abusing’ their 13-year-old son, Maceo, by ‘jumping on him and choking him’ during a September 26 incident. Berry has denied the allegations
Berry was also seen rubbing Hunt’s arm as they left the courthouse, according to the outlet.
Martinez and his legal team were seen leaving the courtroom at approximately 4:30 p.m., the outlet reported.
Berry’s 18-year-old daughter, Nahla Aubry, had been scheduled to testify remotely during Monday’s hearing, according to the publication.
In a legal filing submitted earlier this month in Los Angeles Superior Court and reviewed by Our News Outlet, Berry alleged that Martinez had repeatedly involved himself in disputes concerning Maceo’s education and therapy, hindering progress in both areas.
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 ‘extend [her] tie-breaking authority indefinitely.’
She said those measures were necessary ‘so that necessary interventions can be implemented without continued delay, conflict, and harm to the child.’
Berry’s 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.’
Her legal team argued that the claims were not simply Berry’s ‘characterization of events,’ asserting that Martinez’s ‘custom and practice is confirmed by numerous judicial findings, court orders, and sanctions.’
Berry further claimed that Maceo’s ‘behavioral issues at school have significantly escalated’ since the temporary restraining order was issued earlier this month.
She cited letters from school administrators stating that Maceo ‘has become increasingly oppositional, defiant, and disrespectful toward both peers and authority figures.’
According to Berry’s 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 unilaterally announced that he was switching schools.
Berry alleged that, with Martinez’s encouragement, Maceo had come to believe he could participate in ‘decisions regarding his education, health, extracurricular activities, and general welfare.’
Alongside her request for sole custody, Berry asked the court to order Maceo to attend therapy for one year, including both individual and conjoint sessions with a therapist of her choosing.
She also requested that both parents be ordered to communicate exclusively through Our Family Wizard, a co-parenting application. Berry asked that each party check the app once daily and send no more than one message per day except in an emergency.
Berry and Martinez were married from 2013 to 2015, and finalized their divorce in 2023.
