Halle Berry loses bid for equal parenting rights as Olivier Martinez retains primary custody of son
NEW YORK CITY, NEW YORK: Halle Berry and ex-husband Olivier Martinez’s ongoing custody dispute has reached another important point, with a Los Angeles judge issuing a decision that leaves the former couple with a changed arrangement for their 13-year-old son, Maceo.
Martinez will continue to have primary physical custody for now. The former couple will have to wait until their next court hearing in November to find out if the custody arrangement will change.

Olivier Martinez retains primary physical custody of son Maceo, not Halle Berry
According to reports, the judge declined Berry’s request to restore the 50-50 physical custody arrangement she previously shared with Martinez. The French actor will continue to have primary physical custody of their son, while Berry will not have overnight visits with Maceo under the current arrangement.
Both parents will continue to share legal custody, but Berry will have the final say if they disagree on decisions concerning their son, as per The Independent.
🚨💼 Halle Berry leaves court after Thursday's custody ruling. https://t.co/RrpMKvWKL3
— TMZ (@TMZ) October 29, 2026
In a statement to USA TODAY, Berry's attorney, Marina Beck, said, "We are extremely pleased that the Court has dissolved the TRO. As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family."
Martinez’s attorney described the decision as a “huge victory” for his client, according to TMZ, which first reported the court's decision. The custody arrangement is not necessarily permanent.
Halle Berry and Olivier Martinez's custody dispute
Berry and Martinez tied the knot in 2013, the same year they welcomed their son, Maceo. They announced their separation in 2015, but their divorce took several years and was officially finalized in 2023.
As part of the settlement, they agreed to share joint legal and physical custody of Maceo, while Berry was required to pay Martinez $8,000 per month in child support.
Over the years, the former couple have had disagreements over parenting arrangements and decisions related to Maceo. The 'Catwoman' actress is also mom to 18-year-old daughter Nahla Aubry, whom she shares with her ex-boyfriend Gabriel Aubry.

"Having lived with my mom my entire life and having personally observed her relationship with Maceo for years, the allegations are completely inconsistent with the mom I know," Aubry wrote.
She called Berry "a loving and devoted parent" who has "always encouraged" both her and her brother "to maintain loving relationships with our fathers." On October 3, Aubry also said she was “shocked, very sad, and very upset” by the claims made by Martinez.