The custody battle between Halle Berry and her ex-husband Olivier Martinez has taken a significant turn following a judge’s ruling concerning their son, Maceo.
The legal dispute focused on how the couple shares responsibility for their 13-year-old son. The recent decision represents a setback for one of the parents, although the outcome is not entirely one-sided.
Halle Berry and Olivier Martinez at the premiere of ‘Cloud Atlas’ in Hollywood on October 24, 2012. Years later, the couple’s custody battle for their son Maceo has taken a new turn in court. | Source: Getty Images
According to TMZ, Halle and Olivier previously shared custody of Maceo. However, this arrangement has become a central issue in their latest legal proceedings.
Halle Berry Seeks to Reinstate Previous Custody Agreement
Halle’s lawyers have asked the court to reinstate a 50/50 custody agreement, as stated by Olivier’s attorney, Patrick Baghdaserians.
This request has brought the terms of the former couple’s custody arrangements back before the judge, who is also reviewing evidence regarding how both parents care for Maceo.
Halle Berry and Olivier Martinez spotted together at Los Angeles International Airport on February 16, 2013. Their subsequent custody battle has centered around arrangements for their son, Maceo, after Halle requested a reinstatement of shared custody. | Source: Getty Images
The ruling will determine whether Halle and Olivier return to a shared custody arrangement or continue under a different agreement.
Judge’s Decision Favors Olivier Martinez After Custody Evidence Review
The judge denied Halle’s request to reinstate the equal shared custody, leaving Olivier as the primary custodian for now.
Patrick stated to TMZ that the decision has validated his client’s position after the judge heard testimonies regarding how Olivier and Halle are caring for Maceo. He referred to this outcome as a “major victory.”
Olivier Martinez is seen outside a Los Angeles courthouse with his attorneys on October 29, 2026. The judge’s ruling on custody awarded Olivier primary custody of his son, Maceo. | Source: Getty Images
Despite this custody ruling, Halle and Olivier still share legal custody of their son.
Halle Berry Scores Another Win as Custody Review Approaches
Halle also received a favorable ruling on another matter. The judge lifted the restraining order for domestic violence, despite the unfavorable custody ruling.
This arrangement may change again. Patrick informed TMZ that the judge is set to revisit the custody issues in November, which could bring the former couple back to court as soon as the following week.
Halle Berry exits the Los Angeles courthouse with her attorneys on October 27, 2026. Her dispute with Olivier Martinez over their son’s custody may be revisited by the court in November as the judge prepares to review Maceo’s custody arrangements. | Source: Getty Images
Until then, Olivier retains primary custody of Maceo.
This latest ruling follows an emergency request filed by Olivier on October 1, which temporarily altered the couple’s custody arrangements.
Private messages between the two exes later surfaced, while Berry was also seen spending time with Maceo amid the conflict.
A Request Seeking Changes to Maceo’s Life
The request addressed not only tensions within the household but sought court intervention concerning where Maceo spends his time, who has custody, and how often he can temporarily contact his mother.
Olivier filed the request, seeking sole custody of their 13-year-old son and a restraining order for domestic violence against Halle, according to court documents obtained by USA Today.
Actors Olivier Martinez and Halle Berry pose together on the red carpet during the premiere of the series ‘Extant,’ held at the California Science Center on June 16, 2014, in Los Angeles, California. Martinez was dressed elegantly in a dark anthracite tailored suit paired with a crisp white shirt and a fine black tie, while Berry complemented his look with a textured metallic gray outfit and her signature short ‘pixie’ hairstyle. | Source: Getty Images
The request detailed an alleged incident that occurred on September 26, 2026, at Halle’s home, where Maceo was reportedly playing a virtual reality game in the presence of Halle’s fiancé, musician Van Hunt.
Olivier claimed that an interaction between mother and son began jokingly but escalated into a confrontation after Maceo asked Halle to stop. He alleged that Halle became angry and grabbed their son by the neck.
Given that this allegation involved a child, even more disturbing details were unnecessary. Olivier encapsulated the seriousness of his accusation in his statement:
“This is not the first time [Berry] has physically attacked our son.”
He also claimed that Halle and Maceo had previously mentioned other physical incidents that Olivier described as inappropriate and disturbing for their son.
Actors Halle Berry and Olivier Martinez standing side by side at the premiere of the film ‘Cybergeddon’ at the Pacific Design Center on September 24, 2012, in West Hollywood, California. Halle Berry wore an asymmetric boat-neck top adorned with wide horizontal stripes, complemented with dangling fringe earrings and her iconic textured pixie cut, while Olivier Martinez opted for a casual outfit with a button-down olive green shirt worn open-collared. | Source: Getty Images
The petition also alleged that the actress subsequently sent Olivier a message expressing her regrets about the previous night’s incident. Olivier included this communication in his argument convincing the court to intervene. His request spanned deeper into Maceo’s childhood.
Olivier reported prior incidents of physical aggression over the years and accused Halle of making comments that caused emotional distress to their son, including remarks about Olivier, his nationality, and their past disagreements regarding child support.
He also shared concerns about Halle’s mental health and alcohol use. A judge enacted temporary measures, but the order did not grant all of Olivier’s requests. According to court records reviewed by People, a Los Angeles County judge issued a temporary restraining order against both Olivier and Maceo on October 1.
At the same time, the judge permitted continued contact between the actress and her son. The temporary order adjusted her visit schedule rather than cutting off contact entirely. Halle was allowed to spend time with Maceo on Mondays and Tuesdays from 10 AM to 8 PM, as well as Saturdays and Sundays during the same hours.
The judge explicitly stated that shared custody would remain in place to ensure communication between mother and son. One of Olivier’s additional requests was denied, as the court rejected an imposition of sobriety monitoring on Halle, citing a “lack of information.”
This distinction was particularly significant in a case already marked by conflicting accusations. The temporary restraining order represented a provisional judicial decision made during the examination of the allegations, not a definitive conclusion on what transpired.
This order is expected to remain effective until a hearing scheduled for late October, during which a judge will determine the need for longer-term restrictions. The actor’s attorney, Patrick, stated that his client’s primary concern is Maceo’s well-being and added that the second concern is that Halle receives any help she may need so the situation for their son can improve. Patrick also described Olivier as a “loving parent” and acknowledged how challenging co-parenting conflicts can become.
Actors Halle Berry and Olivier Martinez pose for photographers at the premiere of Warner Bros.’ ‘Cloud Atlas,’ which took place at Grauman’s Chinese Theatre on October 24, 2012, in Hollywood, California. Halle Berry dazzled in a silver-gray textured lace strapless gown, complemented by elaborate drop earrings. Olivier Martinez sported an immaculate look in a dark pinstripe suit jacket paired with an open-collared white shirt. | Source: Getty Images
“Our primary concern right now is one and only thing: protecting this amazing kid,” he stated.
Private Messages Between Halle Berry and Olivier Martinez Surface
These allegations appear even more striking in a series of private exchanges included in the filing. According to People, in one of these exchanges, Olivier informed Halle that Maceo had asked to be picked up earlier and asked her if that change was acceptable.
Halle reportedly responded: “No, that’s not okay with me. He wants to fight with his mother? What kind of child are we raising [sic]?” She followed up with another message directed at Olivier: “As his father [sic], ask him what kind of child he is,” before adding: “I’m his mother?”
Olivier replied that he was unsure what was happening, while stating that Halle and their son often argued. “So you keep him at your place? Even [sic] if he doesn’t want to stay?” he wrote.
Halle Berry and Olivier Martinez have a 12-year-old son, Maceo, who is now at the heart of their ongoing legal conflict. Recently unveiled private messages exchanged between the pair shed light on how tense their disagreements about their son have become. | Source: Getty Images
Halle’s response clearly indicated how escalated the situation had become. “I am his mother and this is not normal! He has no respect for his mother and you should not accept it as a father [sic]!!!” she reportedly wrote. The actress then added: “He disrespects me and feels that I have no say in anything. I’m just a source of money! This is unacceptable, plain and simple [sic]!”
These messages provide an intimate glimpse into a disagreement that appears to have far exceeded a simple change of plans to pick up the child. But another exchange that followed revealed a distinctly different tone from Halle.
Halle Said She Felt “Very Bad” About What Happened
On Sunday, September 27, 2026, Halle reportedly reached out to Olivier again—this time because she wanted to speak to Maceo.
“Olivier, I contacted Maceo and asked him to talk to me. I know you really think he makes his own decisions, but [sic] I would really appreciate it if you encouraged him to talk to me today,” she wrote.
Then came what might be the most revealing line from that exchange. “I feel very bad about what happened last night, and I know he shares that feeling,” her message continued. This text suggested that Halle was attempting to mend the dialogue with her son after the incident they had experienced the previous evening.
As the legal battle continues, the relationship between Berry and Maceo has drawn unusually intense media scrutiny. This is why her recent outing with the 12-year-old boy, rarely seen in public, has garnered particular attention following the release of these private messages. | Source: Getty Images
With these private exchanges now part of the public legal battle, the subsequent events were particularly remarkable. Indeed, shortly after these tense messages, Halle and Maceo were seen together again—this time away from court filings and attorneys’ arguments.
Mother and Son Recently Spotted Together on a Rare Outing
New photos published by Page Six show Halle with her rarely seen son, as the conflict with Olivier continues. The mother and son were photographed walking side by side during this outing, with Halle turning toward Maceo in one of the images. The magazine blurred the young boy’s face in the pictures.
Halle donned a casual outfit: a black lace-trimmed top, loose olive pants, sunglasses, and a wide-brim hat, while Maceo wore a white t-shirt and dark shorts. These images are particularly striking given what had just been revealed through the parents’ messages.
Following the publication of text messages detailing the conflict between Halle Berry and her son—followed by her admissions that she felt “very bad” about what had taken place—this new appearance shows the two together in a very different context. Instead of another accusation or court proceeding, the public was given a rare glimpse of Halle and Maceo simply spending time together.
And as Maceo is seldom seen in public, the timing of this outing inevitably attracted more attention as his parents’ conflict continues to intensify.
While the messages and new photos offered an unusually personal glimpse into the conflict, they represent only part of what is at stake—as previously reported, Halle’s lawyer has responded to the allegations by providing a radically different version of events.
Halle’s Lawyer Claims the Complaint Tells a Completely Different Story
Marina Beck, the actress’s attorney, did not just contest parts of Olivier’s narrative; she flatly rejected the request. “To say that this request is entirely unfounded and deliberately deceptive would be an understatement,” she stated in a statement reported by TMZ.
Marina argued that the court records related to the custody disputes between the former couple contained substantial evidence contradicting Olivier’s version of events. She stated that numerous previous judicial decisions demonstrated that the French actor had repeatedly violated court orders and hindered the therapeutic and educational care provided for Maceo.
Marina further claimed that he had previously faced judicial sanctions for such behavior. Then came an even more scathing response. “In a way, the request filed today is not entirely unexpected from someone with a well-documented history of erratic, possessive, and violent behavior,” the attorney stated.
The attorney added that Halle was “deeply saddened” by what had transpired but would continue to fight for what she believes to be Maceo’s best interest. According to Marina, the actress’s priority remains to “provide him with the love and support he needs.”
Halle and Olivier married in July 2013, and Maceo was born in October of the same year. Two years later, the couple announced the end of their marriage. “It is with a heavy heart that we have made the decision to divorce,” they stated in a joint announcement.
They expressed their intention to move forward “with love and respect for one another” while focusing on what was best for their son. This hope has proven difficult to maintain.
The actors Olivier Martinez and Halle Berry attended the ‘Jenesse Silver Rose’ auction and gala, held at the Beverly Hills Hotel on April 17, 2011, in Beverly Hills, California. Halle Berry radiated in a striking fuchsia satin gown with puffed sleeves and a plunging V-neckline, complemented by diamond earrings and her signature short hairstyle, while Olivier Martinez posed beside her in a grey suit jacket over an unbuttoned navy blue shirt. | Source: Getty Images
Although a judge declared Halle and Olivier legally single in December 2016, their divorce agreement was only finalized in 2023. Nearly eight years transpired between the initial filing and the final agreement.
