Halle Berry loses bid for equal custody as judge rejects Martinez's restraining order

Halle Berry retains joint legal custody of son Maceo but has limited physical custody following court ruling

Halle Berry has been temporarily denied her request for equal custody and overnight visits with her 13-year-old son, Maceo, following the latest ruling in her legal dispute with former husband Olivier Martinez.

On October 29, Los Angeles Superior Court judge Shelley Kaufman dismissed Martinez's request for a domestic violence restraining order against Berry.

However, the judge also declined Berry's requests for 50/50 custody and overnight visits, leaving the temporary custody arrangement in place while further proceedings continue.

Martinez had accused the actress of physically abusing their son during an alleged incident on September 26.

According to court documents, he claimed Berry "attacked" Maceo by "jumping on him, putting her hands around his neck, and choking him". He also alleged previous instances of abuse and sought sole legal and physical custody.

Berry has denied the allegations. Following the ruling, her attorney, Marina Beck, told USA TODAY, "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."

Martinez's lawyer, Patrick Baghdaserians, described his client's continued primary physical custody as a "huge victory", according to TMZ.

The dispute follows the former couple's divorce, which was finalised in 2023 after an eight-year legal process. They had previously agreed to joint legal and physical custody, with Martinez receiving $8,000 a month in child support.

Berry's daughter, Nahla Aubry, also submitted a written declaration supporting her mother on October 3. She described Martinez's allegations as inconsistent with the parent she had known, writing that she was "shocked, very sad, and very upset" by the claims.

Nahla called Berry "a loving and devoted parent" and said she had never observed anything abusive about her mother's parenting. She also expressed concern that Maceo had become the subject of a public dispute.