Halle Berry has reportedly lost primary physical custody of her 13-year-old son, Maceo, following the latest development in her prolonged custody dispute with former husband Olivier Martinez. A judge ruled that Martinez will retain primary physical custody of their son, rejecting Berry’s request for an equal 50/50 arrangement.
The decision, handed down on Thursday, October 29, marks a significant moment in a legal battle that has involved serious allegations from both parents. However, the ruling does not end the dispute, with another court hearing scheduled for November to reconsider the custody arrangement.
According to reporting by TMZ, Martinez’s attorney, Patrick Baghdaserians, confirmed that the court had rejected Berry’s request for equal physical custody. The ruling also reportedly means that Berry will no longer have overnight visits with Maceo.
Despite the decision, the actress retains joint legal custody and the authority to break ties if the parents cannot reach an agreement on major decisions concerning their son.
What the Court Decided
The latest ruling gives Martinez primary physical custody of Maceo, while Berry’s request for an equal division of physical custody was denied.
The court also reportedly dissolved a domestic violence restraining order during the hearing, a development that represents a separate outcome within the wider proceedings.
Not every request made by Martinez was granted. The judge reportedly rejected his attempt to restrict Berry’s custody time during holiday periods, meaning that some aspects of their existing parenting arrangements remain in place.
Baghdaserians described the primary custody decision as a “huge victory” for his client, saying it followed the court’s consideration of evidence concerning both parents’ approaches to raising their son.
The custody arrangement is not necessarily final. A follow-up hearing is scheduled for November, when the court is expected to reconsider the matter.
Serious Allegations From Both Sides
The custody proceedings have been particularly contentious because both Berry and Martinez have made serious accusations about the other’s conduct as a parent.
Martinez previously alleged that Berry choked their son, an accusation the actress denied. Berry, in turn, accused Martinez of coaching Maceo before the teenager gave a deposition.
The allegations have added a difficult dimension to what is already a sensitive family dispute. The central issue before the court is not simply how time should be divided between two households, but how the parents’ competing claims and concerns affect their son’s welfare.
Earlier in October, Maceo testified during a closed hearing. Both parents were ordered to leave the courtroom while their son gave evidence, according to the reporting.
Because the testimony took place behind closed doors, its contents have not been publicly detailed. It is therefore important to distinguish the allegations made by each parent from findings established by the court.
A Complicated History Between Berry and Martinez
Berry and Martinez began dating in 2010 after meeting while working on the film Dark Tide. They married in 2013 and separated in 2015, although their divorce was not finalized until 2023.
Maceo is their only child together. Berry is also the mother of daughter Nahla Ariela Aubry, whom she shares with former partner Gabriel Aubry.
The lengthy period between the couple’s separation and the finalization of their divorce reflects the complicated personal and legal history behind the current proceedings. Their disagreements over parenting have continued well beyond the end of their marriage.
For Berry, the situation involves balancing her relationship with her teenage son against the restrictions imposed by the latest court decision. For Martinez, the ruling establishes his position as the primary physical custodian, at least until the matter is reviewed again.
What Happens Next?
The November hearing will be an important next step in determining whether the current arrangement remains in place or is reconsidered.
For now, Berry retains joint legal custody, including tiebreaker authority on major decisions if she and Martinez cannot agree. However, the reported restriction on overnight visits represents a substantial change to her physical custody arrangements.
The outcome also highlights the distinction between legal custody and physical custody. Joint legal custody allows both parents to retain decision-making rights over important aspects of a child’s life, while primary physical custody determines where the child primarily lives and how parenting time is structured.
With another hearing approaching, the situation remains subject to further judicial review. The private nature of the proceedings means that much of the evidence and the teenager’s own testimony remain confidential.
Ultimately, the focus of the case is Maceo’s welfare, rather than the public profiles of either parent. Until the next hearing provides greater clarity, the latest ruling represents a significant but potentially temporary development in a family dispute that has unfolded over several years.
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