A Los Angeles judge on Thursday, Oct. 29, dissolved the domestic violence restraining order Olivier Martinez obtained against Halle Berry. The same judge gave Martinez primary physical custody of the former couple’s 13-year-old son, Maceo. Superior Court Judge Shelley Kaufman also ended Berry’s overnight visits but rejected Martinez’s request to limit her time with their son over the holidays.
Headlines called it a loss for Berry. The full picture is more complicated, and one detail has been nearly buried.
What did the judge decide in the Halle Berry custody case?
Martinez, 60, accused Berry, also 60, of physically abusing Maceo during a Sept. 26 incident. He sought a permanent restraining order and sole custody. Berry has firmly denied the allegations. A temporary order granted Oct. 1 had already shifted Maceo primarily to Martinez’s home and limited Berry to daytime visits.
Kaufman denied the permanent order and lifted the temporary restrictions. Berry’s attorney, Marina Beck, told Page Six her team was extremely pleased. On custody, Kaufman rejected Berry’s request to restore the 50/50 physical arrangement the parents shared after their 2023 divorce. Martinez’s attorney, Patrick Baghdaserians, told TMZ the custody result was a huge victory after the court heard evidence about how both parents care for their son.
What does joint legal custody mean for Halle Berry?
This is the part most coverage skipped. Physical custody decides where a child lives day to day. Legal custody decides the big choices, like school, health care and therapy.
Berry’s representative told TMZ she still shares joint legal custody and holds the tiebreaker when the parents disagree. In practical terms, Maceo may sleep at his father’s house, but on the decisions that shape his future, Berry has the final word. During the case, Berry had asked for sole legal custody specifically to oversee his education, therapy and medical care. The tiebreaker gives her much of that authority.
Why did Halle Berry lose overnight visits?
The judge has not publicly explained her reasoning, and the hearings involving Maceo were closed. Page Six reported that the custody schedule set during the temporary order will stay in place until a future hearing. That suggests the current arrangement is a holding pattern rather than a final verdict on Berry as a parent.
Maceo testified for about four hours behind closed doors, with both parents ordered out of the room. Berry had tried to block his testimony, arguing he had been coached, which Martinez denied. Berry’s daughter Nahla Aubry, 18, and Berry’s fiancé, Van Hunt, also testified privately.
What about Halle Berry’s Instagram post?
Earlier this week, a post on Berry’s Instagram suggested that when children disrespect their mothers, the root often traces back to the father. TMZ reported that the account appeared to have been hacked. Martinez’s team asked to reopen evidence, arguing the post disturbed his peace. Kaufman denied the request.
What happens next in the Halle Berry custody fight?
Custody goes back before Kaufman in November, according to Martinez’s attorney. Berry and Martinez married in 2013, separated a few years later and finalized their divorce in 2023 after a long battle. The November hearing will decide whether the current arrangement is a pause or a new normal.
For now, Berry walked out of court without a restraining order hanging over her and with a tiebreaker vote over her son’s biggest decisions. Whether that is enough to win back his nights is the question November will answer.
