Judge Denies Halle Berry Custody Bid, Keeps Olivier Martinez as Primary Guardian
Los Angeles Superior Court Judge Shelley Kaufman dismissed Olivier Martinez’s request for a permanent domestic violence restraining order against Halle Berry but denied Berry’s bid for 50/50 custody. Martinez retains primary physical custody of their 13-year-old son, Maceo, while Berry keeps joint legal custody. The ruling follows a temporary restraining order granted earlier this month based on Martinez’s allegation that Berry choked Maceo during a dispute over virtual reality gaming on Sept. 26. Berry’s attorney called the claims meritless, while Martinez’s lawyer hailed the custody outcome as a major victory.
Key points
- Judge Shelley Kaufman dismissed the permanent domestic violence restraining order requested by Olivier Martinez on Oct. 29.
- The court denied Halle Berry’s request for 50/50 custody and overnight visits, leaving the temporary custody arrangement in place.
- Olivier Martinez retains primary physical custody of Maceo, while Halle Berry maintains joint legal custody.
- Martinez alleged Berry attacked Maceo by jumping on him and choking him during a Sept. 26 incident involving virtual reality goggles.
- Berry’s attorney, Marina Beck, stated the court’s dissolution of the TRO was a positive step and affirmed Berry’s commitment to her family’s well-being.
Background
This ruling concludes the immediate phase of a high-profile custody dispute that began in early October 2026. Previous coverage noted that Martinez secured a temporary restraining order earlier in the month, leading to a sealed hearing where Maceo testified for four hours. The couple, who divorced in 2023 after an eight-year legal battle, had previously agreed to joint custody and child support payments. Nahla Aubry, Berry’s 18-year-old daughter, submitted a declaration in October supporting her mother and describing the allegations as inconsistent with her observations of Berry’s parenting.
Why it matters
The decision highlights the complexities of high-profile family law cases where allegations of abuse intersect with custody rights. While the dismissal of the permanent restraining order suggests the court did not find sufficient evidence for a long-term protective order, the denial of Berry’s custody request indicates significant concerns regarding the immediate living arrangement for the minor. The case underscores the legal challenges celebrities face in balancing public scrutiny with private family disputes, particularly when prior court orders and alleged violations of those orders are central to the proceedings.
What to watch
The custody arrangement will remain in place pending additional proceedings as specified by Judge Kaufman. Halle Berry and Olivier Martinez are expected to continue legal battles over the long-term custody and visitation schedule for Maceo. Berry’s attorney has indicated a focus on the child’s best interests, while Martinez’s legal team has expressed satisfaction with the current primary custody outcome. Further hearings may address the underlying allegations and the history of court order violations cited by Berry’s legal team.
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