Christine KruppOct 30, 2026 4 min read

Halle Berry Loses Primary Custody of Son to Ex Olivier Martinez

LOS ANGELES, CALIFORNIA - FEBRUARY 10: Halle Berry attends the world premiere of Amazon MGM Studios' "Crime 101" at The United Theater on Broadway on February 10, 2026 in Los Angeles, California. (Photo by Rodin Eckenroth/Getty Images)
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Halle Berry has lost primary custody of her 13-year-old son to her ex-husband, actor Olivier Martinez, for now, following a bitter court battle over abuse allegations that Berry strongly denies.

But the ruling was not a complete win for Martinez. The same judge also threw out the restraining order he had obtained against Berry and refused to make it permanent.

What the Judge Decided

Los Angeles Superior Court Judge Shelley Kaufman ruled Thursday that Martinez will keep primary physical custody of the boy, according to reports from TMZ, the Daily Mail and Page Six, as summarized by Globe TV.

The two parents will share legal custody, which covers major decisions about their son's life. Berry's representative said she holds the tiebreaking vote when they disagree. However, Berry will no longer have overnight visits with her son.

Actress Halle Berry poses with her fiance' Olivier Martinez at Variety�s 4th annual Power of Women event on Friday Oct. 5, 2012, in Beverly Hills, Calif.  (Photo by Chris Pizzello/Invision/AP)
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Kaufman also dissolved the temporary restraining order Martinez obtained against Berry in October, denied his request for a permanent domestic violence restraining order and lifted the restrictions that had been in place since Oct. 1. Earlier in the case, the court had also turned down a request for Berry to undergo sobriety monitoring, finding insufficient evidence. The judge rejected Martinez's request to limit Berry's time with their son over the holidays.

The judge is expected to revisit the custody arrangement in November. Berry had asked the court to restore the parents' previous 50/50 custody arrangement and give her sole legal custody.

The Allegations

The custody fight escalated in early October, when Martinez was granted a restraining order against Berry. In his court filing, Martinez alleged that Berry choked their son during a confrontation at her home on Sept. 26, after becoming upset with him while he played a virtual reality game.

Martinez described the incident as part of a broader pattern of abusive behavior and sought sole custody. The allegations have not been proven in court.

Olivier Martinez arrives at the 5th Annual Sean Penn & Friends HELP HAITI HOME Gala Benefiting at the Montage Hotel on January 9, 2016 in Beverly Hills, Calif. (Photo by Jordan Strauss/Invision/AP)
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Berry has firmly denied the claims. "I would never hurt our child," she said earlier this month, according to The Daily Beast.

Her attorney, Marina Beck, called Martinez's filing "entirely meritless and deliberately misleading," and described his history as "erratic, possessive and violent behavior," TheGrio reported. Berry has also accused Martinez of interfering with their son's therapy and education.

Halle Berry attends the 11th annual Tribeca Chanel women's filmmaker program "Through Her Lens" luncheon at Locanda Verde on Tuesday, Sept. 22, 2026, in New York. (Photo by Evan Agostini/Invision/AP)
AP Photos

Berry's comments about Martinez's past appear to refer to a 2012 Thanksgiving Day altercation between Martinez and Gabriel Aubry, Berry's former partner and the father of her daughter. Aubry accused Martinez of attacking him, while Martinez's side said Aubry was the aggressor.

A Nine-Day Hearing

The ruling followed a nine-day proceeding in Los Angeles, much of it held behind closed doors. The couple's son testified for nearly four hours in a sealed hearing on Oct. 19, despite Berry's objections that Martinez had "coached" him.

LOS ANGELES, CA - OCTOBER 24:  Actress Halle Berry (R) and actor Olivier Martinez arrive at the premiere of Warner Bros. Pictures' "Cloud Atlas" at the Chinese Theatre on October 24, 2012 in Los Angeles, California.  (Photo by Kevin Winter/Getty Images)
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Both parents also testified, as did Berry's fiancé, musician Van Hunt. Berry's 18-year-old daughter, Nahla Aubry, defended her mother in a court declaration, saying she had "never witnessed her act violently toward anyone."

During the hearing, Beck questioned Martinez about a 2024 declaration in which he said the former couple had no history of domestic violence. His attorney, Patrick Baghdaserians, said, "There was no conviction of domestic violence at the time, so his statement is correct."

Both Sides Claim a Win

Each side highlighted the parts of the ruling that went its way. Baghdaserians called the primary custody decision a "huge victory," according to TMZ.

BEVERLY HILLS, CA - OCTOBER 23:  Actors Olivier Martinez (L) and Halle Berry appear at the 32nd Anniversary Carousel of Hope Gala at the Beverly Hilton Hotel on October 23, 2010 in Beverly Hills, California.  (Photo by Kevin Winter/Getty Images)
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"We are extremely pleased that the Court has dissolved the TRO," Beck told Page Six, adding that Berry "puts their best interests first."

Berry and Martinez, both 60, were married from 2013 to 2015. They previously shared joint custody of their son.


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