Did Halle Berry lose custody of her son Maceo? Details explored as latest updates about her legal battle with Olivier Martinez emerge

Celebrity Sightings In Los Angeles - October 29, 2026 - Source: Getty
Halle Berry and Van Hunt are seen as they emerge from the Stanley Mosk Courthouse following the outcome of her custody battle with ex Olivier Martinez on October 29, 2026 in Los Angeles, (Source: Getty)

Halle Berry will not regain equal physical custody of her 13-year-old son, Maceo, for now, after a Los Angeles judge issued a ruling in her ongoing custody dispute with ex-husband Olivier Martinez on October 29, 2026.

The decision dismissed Martinez's request for a domestic violence restraining order but temporarily denied Berry's requests to restore their 50-50 custody arrangement and allow overnight visits. According to USA Today's October 29, 2026 report, the temporary custody restrictions will remain in place while further proceedings continue.

Berry retains joint legal custody but has limited physical custody of Maceo. The ruling follows allegations by Martinez that Berry physically assaulted their son, which the actress has repeatedly denied.


Did Halle Berry lose custody of Maceo? What the October 29 ruling says

The October 29 hearing produced a mixed outcome for both parents. Los Angeles Superior Court Judge Shelley Kaufman dismissed Olivier Martinez's request for a domestic violence restraining order against Halle Berry. However, the judge also declined to grant Berry's requests for equal physical custody and overnight visits with Maceo.

USA Today reported that the custody arrangement established under the temporary restraining order will remain in effect pending further proceedings. This means Berry has not lost all custody of her son. She retains joint legal custody, but Martinez continues to have primary physical custody under the temporary arrangement.

Halle Berry's attorney, Marina Beck, welcomed the dismissal of the restraining order, telling USA Today that they were “extremely pleased that the Court has dissolved the TRO.” She added that Berry remained focused on her family's well-being and best interests.

Olivier Martinez's attorney, Patrick Baghdaserians, described the outcome differently. Speaking to TMZ, he called his client's continued primary physical custody a “huge victory.”

The former couple had previously shared joint legal and physical custody of Maceo. Their divorce was finalized in 2023, after an eight-year legal process that followed their 2015 separation. Under their agreement, Martinez was also to receive $8,000 per month in child support, according to USA Today.

The latest decision therefore leaves the previous equal physical custody arrangement suspended, despite the dismissal of the restraining order request.


Abuse allegations, Maceo's testimony and Halle Berry's response

The custody dispute escalated after Olivier Martinez accused Halle Berry of physically assaulting their son during an incident on September 26, 2026. According to court documents cited by USA Today, Halle Berry has denied the accusations.

In an earlier court filing, Berry said she had never physically or emotionally abused Maceo and described the September 26 confrontation as roughhousing. She stated:

“I would never hurt our child.”

Her legal team also accused Martinez of interfering with Maceo's education and therapeutic care, as well as violating previous court orders.

Complex reported on October 20, 2026, that Maceo had testified privately for nearly four hours during a court hearing on October 19. Judge Kaufman cleared the courtroom before the teenager gave evidence. According to the report, his testimony was limited to the allegations underlying the restraining order request rather than the wider custody dispute.

Berry's 18-year-old daughter, Nahla Aubry, also submitted a written declaration supporting her mother. In the declaration, cited by USA Today on October 29, Nahla said she was shocked by Martinez's allegations and had never witnessed her mother abuse Maceo.

Nahla also expressed concern about Maceo becoming involved in the public dispute. She said she had witnessed him share a close bond with their mother and believed the allegations were inconsistent with the parenting she had observed. The declaration forms part of the material surrounding the custody proceedings, while the allegations against Halle Berry remain disputed.

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Edited by Devangee Halder