Martinez Gets Primary Custody as Judge Rejects Restraining Order

The custody dispute between actors Halle Berry and Olivier Martinez produced mixed results in Los Angeles Superior Court on October 29. Judge Shelley Kaufman denied Martinez’s petition for a domestic abuse protective order covering himself and the couple’s son, Maceo, and dissolved the temporary order previously imposed on Berry. Martinez’s filing had accused Berry of physically attacking their son during a September 26 incident. Berry has denied the allegations.

In a separate custody decision, Martinez received primary residential care of Maceo, and Berry was barred from overnight visits, according to accounts of the ruling. Berry retains joint legal custody and the tie-breaking authority if the parents cannot agree on decisions. The judge is expected to revisit the custody terms next month.

Berry’s attorney said the family’s well-being would remain her focus. Berry had sought sole legal authority over decisions about Maceo’s schooling, medical care and general welfare, and suggested that the existing alternating-week living arrangement continue. Her legal team has accused Martinez of obstructing the child’s educational and therapeutic needs; Martinez’s filing sought sole legal and physical custody.

Both parents testified during the proceedings, as did Berry’s 18-year-old daughter, Nahla Aubry. In a declaration, Aubry said she had never seen her mother act violently toward her half-brother. The judge also denied a request by Martinez’s attorney to reopen evidence over a social media post Berry had shared.