Halle Berry loses overnight custody of son as judge favors Olivier Martinez

Temporary order favors the father

A Los Angeles judge, Shelley Kaufman, issued an interim ruling on Thursday, 29 October, that gives the actor Olivier Martinez, 60, primary physical custody of the couple's 13-year-old son while both parents keep joint legal custody. Halle Berry, 60, may no longer have the boy stay overnight at her home. According to court documents cited by N-tv, she may see him during the day on two days a week and every other weekend. RP Online and EL PAÍS also report that the ruling requires Berry and the boy to attend joint therapy sessions.

The judge also lifted a temporary restraining order against Berry that Martinez had requested a few weeks before the ruling. She rejected his separate request for a domestic violence restraining order, so Berry avoided a restraining order in her own right. The Independent reported that the judge denied Berry's request to restore the 50/50 physical custody arrangement that existed before the restraining order.

Allegations and the hearing

Martinez accused Berry of physically abusing their son and choking him during an argument on 26 September, according to his restraining order request as reported by The Independent. La Razón reports that the father's side said the mother had tried to strangle the boy during a heated argument. Berry responded that it was a playful gesture and that she never meant to cause real harm. She has denied every abuse allegation, and The Independent reported that she accused Martinez of making up the claims to escalate the custody dispute. According to La Razón, Berry's side also spoke of manipulation and indoctrination by the father toward their teenage son.

The nine-day custody hearing began on 19 October in Los Angeles. The boy testified for nearly four hours, behind closed doors according to RP Online. Berry and Martinez both testified, as did the actress's 18-year-old daughter, who told the court she had never seen her mother act violently toward her younger brother.

Reactions from both camps

Berry's attorney, Marina Beck, said she was extremely pleased that the restraining order had been dissolved. In a statement carried by The Independent, Beck said:

“As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family.”

Martinez's lawyer told TMZ that the custody decision is a huge victory for his client, who wanted to protect the boy from the start. Martinez himself told Extra that he hoped mother and son could build a better relationship in the future. He said he did not want his son to hate his mother, but to love her, forgive her and reconcile with outside help.

Background and what comes next

Berry and Martinez announced their separation in October 2015, after two years of marriage. They reached a settlement in their long divorce case in 2023, under which the parents shared custody of their son, according to RP Online. The Independent notes that Berry's custody during the holidays has not been restricted. A further hearing is planned for November, when the judge is expected to reconsider the custody arrangement.