Olivier Martinez was granted primary custody of son Maceo after accusing Halle Berry of putting her hands around the boy's neck in a September 26 incident. Berry's attorney denied the claims as meritless and misleading, pointing to past rulings against Martinez, with a new hearing set for October 16.
Martinez, 60, filed for sole legal and physical custody and a domestic violence restraining order against Berry, also 60, in Los Angeles Superior Court on October 1. In his declaration, he alleged that Berry "physically abused our son, Maceo, by jumping on him, putting her hands around his neck, and choking him" on September 26. He added that it was not the first time Berry had physically attacked their 12-year-old son, describing a broader pattern of alleged abuse in his request for sole custody.
A Los Angeles County judge granted a temporary restraining order on October 1, requiring Berry to remain 100 yards from Martinez and limiting her parenting time with Maceo to court-ordered visitation pending the October 16 hearing. The court rejected Martinez's request for additional sobriety testing at that stage, citing insufficient evidence. Martinez's lawyer, Patrick Baghdaserians, said the petition stemmed strictly from concern for the 12-year-old's welfare.
Berry pushed back forcefully. In an October 5 declaration, she stated she has never physically, emotionally, or otherwise abused Maceo and gave the court a sharply different account of the September 26 confrontation at her home. She said the interaction began with playful roughhousing — something she says they frequently do — and escalated after Maceo unexpectedly became upset and pushed her when he realized she was recording. She submitted video and text messages she contends contradict Martinez's account and said her fiance, musician Van Hunt, came upstairs as the encounter escalated and eventually stepped between them. Berry also asked the court to restore the 50/50 custody arrangement and the decision-making authority she previously held over parts of Maceo's education and mental-health care.
Her attorney, Marina Beck, issued a blistering statement to TMZ calling the filing "entirely meritless and deliberately misleading." Beck said there is voluminous evidence, including numerous judicial rulings, that Martinez repeatedly violated court orders and interfered with therapeutic and educational interventions for Maceo — misconduct for which he has already been legally sanctioned. She described Martinez as having a well-documented history of erratic, possessive and violent behavior.
The case is the latest chapter in one of Hollywood's longest custody wars. Berry and Martinez married in July 2013 and welcomed Maceo in October 2013. They filed for divorce in 2015 and it was not finalized until 2023, after an eight-year legal battle, with both agreeing to joint legal and physical custody and $8,000 a month in child support to Martinez. The October 16 hearing will determine whether the temporary arrangement — with Martinez holding primary custody — becomes a longer-term reality.