A Los Angeles County judge granted Olivier Martinez primary custody of his and Halle Berry's 12-year-old son Maceo and a temporary restraining order against the actress on October 1, after Martinez accused Berry of jumping on the boy and choking him on September 26 while shouting, "Who is dominant now?!"
The order marks a dramatic shift from the joint custody arrangement the former spouses agreed to after finalizing their divorce in 2023. Under the temporary terms, Berry's time with Maceo is limited to court-ordered visitation two days a week and every other weekend, and she must stay at least 100 yards away from Martinez. The order also includes sobriety-related conditions around Berry's visits with Maceo. A further hearing is set for October 16.
In his filing, Martinez alleged that Berry "physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him" on September 26, and claimed it was not the first such incident. He said a "traumatized" Maceo made a frantic call begging his father to pick him up from Berry's house and did not want to return. Martinez claimed the argument began after Berry called Maceo "stupid" over playing a game with virtual reality goggles, and said Berry's fiancé, Van Hunt, was present. Martinez is seeking sole custody.
Berry's attorney, Marina Beck, called the filing "entirely meritless and deliberately misleading." In a statement, Beck said there is "voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions" to Maceo's detriment — misconduct for which she said Martinez had already been legally sanctioned. She described Martinez as having a "well-documented history of erratic, possessive and violent behavior" and said Berry would keep fighting for Maceo's best interests.
Berry, 60, has since pushed back in court, filing documents accusing Martinez of turning Maceo against her and asking the court to reinstate their 50/50 custody agreement. In those filings, she alleged Maceo returns from his father's home "angry and combative" and repeats private disputes while taking Martinez's side.
The two married in July 2013 and welcomed Maceo that October. They filed for divorce in 2015, and it was finalized in 2023 after an eight-year legal battle, with joint legal and physical custody and Berry paying Martinez $8,000 a month in child support. The October 16 hearing will determine whether the temporary orders stand — the latest and most serious escalation in one of Hollywood's longest-running custody wars.