Halle Berry has reportedly lost primary physical custody of the 13-year-old son she shares with her ex-husband, actor Olivier Martinez, in their ongoing court battle. The judge is also said to have dissolved the domestic violence restraining order that Martinez had requested be made permanent against her.
Background of the Custody Dispute
Berry and Martinez, who finalised their divorce in 2023, have been locked in a tense custody dispute over their son Maceo. They previously held joint custody of the teen, but according to TMZ, a judge has now granted Martinez primary physical custody.
Berry's lawyers had asked to restore the 50/50 custody arrangement they previously had. However, Martinez's lawyer told TMZ that the judge rejected that request. The outlet reports that the judge will re-consider custody issues in November, meaning the arrangement could still change.
Allegations and Legal Claims
The judge is also said to have ruled that Berry can no longer have overnight visits with Maceo. Berry's representative has disputed this, claiming to TMZ that she still has joint legal custody of their son.
The custody battle follows accusations by Martinez that Berry physically abused their son. According to court documents obtained by Page Six, he accused her of jumping on Maceo and choking him by the neck on September 26. He claimed an argument began after Berry told Maceo he looked "stupid" and was "such an idiot" for playing a game with virtual reality goggles.
Martinez claimed: "The situation escalated and Petitioner jumped on our son and started physically fighting with him," adding: "She grabbed Maceo by the neck and started choking him while shouting, 'Who is dominant now?! Who is dominant?!'"
Berry's Denial and Response
The actor alleged that Maceo called him in a panic to come and collect him after the incident and that he did not want to go back home because he was "traumatized". Maceo has been diagnosed with ADHD, mild dyslexia and learning disorders.
Berry has denied the allegations, with her attorney telling the media: "To say this filing is entirely meritless and deliberately misleading would be an understatement. There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry's minor son Maceo - misconduct for which Mr. Martinez has already been legally sanctioned."
They added: "In a way, today's filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behaviour. Fortunately, Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo's best interests and providing him with the love and support he needs."
