A Los Angeles Superior Court judge ruled Thursday that Olivier Martinez would retain primary physical custody of his and Halle Berry's 13-year-old son, Maceo, rejecting the actress's request to restore a prior 50/50 physical custody arrangement.
Judge Shelley L. Kaufman also denied Berry overnight visitation privileges with the boy but dissolved a temporary domestic violence restraining order that Martinez had sought to make permanent. Berry retains joint legal custody and the final say on decisions when the former couple disagrees.
The ruling followed nearly two weeks of closed hearings in the ongoing custody dispute that escalated after Martinez filed for a domestic violence restraining order in early October. He alleged that Berry physically abused Maceo during a September 26 incident at her home while the boy played a virtual reality game. Martinez claimed Berry jumped on their son, put her hands around his neck, and choked him.
Berry has denied the accusations, stating in court papers that she has never physically, emotionally, or otherwise abused Maceo. She described the interaction as playful roughhousing. She noted that she is a victim of domestic violence and helps other victims.Further testimony included statements from Berry's daughter, Nahla Aubry, who said she had never seen her mother act violently toward Maceo.
The judge is expected to revisit the custody arrangement in November. Martinez's attorney described the outcome as a "huge victory", stating the child is safe in his client's custody and that counseling was ordered to repair the relationship.
Berry's attorney issued a statement saying the legal team was "extremely pleased that the Court has dissolved the TRO" and that Berry remains focused on the well-being of her family. The judge denied Martinez's request to restrict Berry's time with Maceo during holidays.
Berry and Martinez were married from 2013 to 2016 and previously shared joint physical and legal custody of Maceo following their split. The current modified arrangement, which limits Berry's parenting time, is set to remain in place until the November hearing.
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