Olivier Martinez keeps primary physical custody of son with Halle Berry as court case continues

Olivier Martinez will continue to have primary physical custody of his and Halle Berry’s 13-year-old son, Maceo, under the latest court ruling in the former couple’s custody dispute.

The judge dissolved a temporary domestic violence restraining order against Berry, but did not restore the former couple’s previous 50/50 physical custody arrangement. Berry will not have overnight visits with Maceo under the current terms.

The custody arrangement could change again. TMZ reports that the judge is expected to reconsider the issue in November.

Restraining order dissolved

Martinez had asked the court to make a temporary domestic violence restraining order permanent. He alleged Berry physically harmed Maceo during an argument in September. Berry has denied abusing their son and disputed Martinez’s account.

The judge dissolved the temporary order and rejected Martinez’s request for a permanent one. That ruling means the restraining order will no longer be in force; it does not, on its own, establish whether the abuse allegations were true.

Berry’s attorney, Marina Beck, said the actress was pleased the order had been dissolved and remained focused on her family’s well-being. Martinez’s attorney, Patrick Baghdaserians, described the physical custody decision as a “huge victory” for his client.

Physical and legal custody

The judge rejected Berry’s request to return to equal physical custody. Martinez will have primary physical custody for now, while Berry retains joint legal custody, according to her representative. Her representative also said Berry has the deciding vote if the two parents cannot agree on decisions concerning Maceo.

Martinez had asked for Berry’s time with their son to be restricted during holidays, but the judge rejected that request. The current ruling does, however, prevent overnight visits.

A dispute that may return to court

The decision follows a contested court hearing in which both parents presented evidence about their relationship with Maceo. The teenager was permitted to give testimony in a closed hearing, with Berry and Martinez outside the courtroom.

Berry had argued that Martinez was coaching their son and challenged his account of events. Her older daughter, Nahla, also submitted a statement saying she had never witnessed Berry physically abuse Maceo.

The former couple previously shared custody. With the restraining order dissolved but the current physical custody arrangement still in place, the dispute remains unresolved. The judge is expected to revisit custody issues in November.