Halle Berry lost 50/50 custody of her 12-year-old son, Maceo, and was hit with a temporary restraining order after her ex-husband, Olivier Martinez, accused her of choking the boy during an argument over virtual reality goggles on Sept. 26. Martinez was granted primary custody and Berry was ordered to stay at least 100 yards away from him, according to court documents viewed by outlets including People, USA Today, Variety, and Page Six.
The custody modification and temporary restraining order mark an escalation in the fallout from the former couple’s two-year marriage and eight-year divorce proceedings, which were finalized in August 2023. In his court filing, Martinez alleged that Berry jumped on Maceo, put her hands around his neck, and shouted, “Who is dominant now? Who is dominant?!,” according to Variety. Martinez also claimed the boy called him in a panic after the incident, asking him to “come pick me up right now” because he felt “traumatized” and no longer wanted to stay at his mother’s house, per Page Six.
Olivier Martinez Alleges Prior Physical and Verbal Abuse
Beyond the September confrontation, Martinez’s court filing outlines a broader pattern of alleged misconduct by Berry over the last few years. According to Variety and Page Six, Martinez claimed Berry had previously wrestled Maceo to the ground and forced him to “tap out.” He also alleged that in 2023, the actress told their son his father was “a white bitch trying to rob a black woman” over child support disagreements, subsequently asking the boy how he felt about that as a Black man. Martinez stated in the documents that Berry later texted him to apologize for the remark, adding that while he does not want to permanently sever Berry’s relationship with Maceo, interactions should pause until she takes accountability.
Halle Berry’s Legal Team Denies the Accusations
Berry’s attorney, Marina Beck, rejected the claims in a statement provided to Page Six and Global News, calling the court filing “entirely meritless and deliberately misleading.” Beck countered that Martinez has a “well-documented history of erratic, possessive and violent behavior” and pointed to previous judicial rulings showing he repeatedly violated court orders and interfered with Maceo’s therapeutic and educational interventions. Beck stated that Berry is “deeply saddened” by the filing but will remain focused on fighting for her son’s best interests.
Martinez receives primary custody under temporary order
Under the terms of the temporary order granted Thursday, Berry’s physical custody has been reduced from their previous 50/50 arrangement to court-ordered visits on Mondays and Tuesdays from 10 a.m. to 8 p.m., and Saturdays and Sundays from 10 a.m. to 8 p.m., as reported by People. Martinez was granted primary custody and the temporary restraining order will remain active until the next scheduled court hearing on Oct. 16.
Frequently Asked Questions About the Custody Dispute
What specific visitation schedule does Halle Berry currently have with Maceo?
Custody was modified to grant Martinez primary care, restricting Berry’s visits to Mondays and Tuesdays from 10 a.m. to 8 p.m., and Saturdays and Sundays from 10 a.m. to 8 p.m., according to People.
What did Olivier Martinez allege happened on Sept. 26?
According to court filings cited by Variety, Martinez alleged that Berry jumped on their 12-year-old son during an argument involving virtual reality goggles, put her hands around his neck, and choked him while shouting about dominance.
How did Halle Berry’s legal representation respond to the restraining order?
Attorney Marina Beck issued a statement to Page Six calling the allegations entirely meritless and deliberately misleading, while accusing Martinez of violating past court orders and displaying a history of erratic behavior.
When is the next scheduled court date for the former couple?
Page Six reported that the next court hearing for Berry and Martinez is set for Oct. 16.