Halle Berry's ex Olivier Martinez retains primary custody of son, court to revisit case in November

Halle Berry's custody dispute with ex-husband Olivier Martinez has reached another development, with a judge allowing the actor to retain temporary primary physical custody of their 13-year-old son, Maceo. The ruling, delivered on October 29, rejected Berry's request to return to their previous 50-50 physical custody arrangement. However, the court also dissolved the temporary restraining order against the actress and denied Martinez's request for a longer-term domestic violence restraining order.

Olivier Martinez retains primary physical custody of Maceo

According to reports, the judge declined Berry's request to reinstate equal physical custody of Maceo, allowing the temporary arrangement in place since earlier this month to continue. Reportedly, under the current terms, Martinez has primary physical custody of their son, while Berry can spend time with him on Mondays and Tuesdays, as well as Saturdays and Sundays, between 10 am and 8 pm. She is not permitted to have overnight visits with Maceo under the arrangement.

Also Read: Halle Berry vs Olivier Martinez: Actress fights to reclaim custody rights over son

Halle Berry continues to share joint legal custody, which gives both parents a role in important decisions concerning their son. Reports have also indicated that she retains tie-breaking authority if the former couple disagree on certain decisions.

Also Read: Halle Berry’s daughter Nahla breaks silence on Olivier Martinez’s abuse claims

The custody arrangement is temporary, with the court expected to examine the matter again in November.

Restraining order against Halle Berry dissolved

The latest ruling also brought a separate legal development in Berry's favour. The judge dissolved the temporary restraining order that Martinez had previously obtained against her and denied his request for a longer-term domestic violence restraining order. Martinez had sought the order on behalf of himself and Maceo, alleging that Berry physically assaulted their son during an incident at her home on September 26. He claimed that the actress choked the teenager during an argument.

Also Read: X-Men actress Halle Berry faces temporary restraining order after ex Olivier Martinez’s allegations

While Halle Berry has strongly denied the allegations. In a court declaration, she stated that she had never physically, emotionally or otherwise abused Maceo. She described the incident as playful wrestling and rejected Martinez's account of what had happened. Following the latest decision, Berry's attorney, Marina Beck, told People, "We are extremely pleased that the Court has dissolved the TRO."

Also Read: Who are the black icons Michael B Jordan named in his speech? A full list of past acting winners at Oscars

She added that the actress remained focused on the well-being and best interests of her family.

Martinez's attorney, Patrick Baghdaserians, described the continuation of primary physical custody as a significant victory for his client, according to TMZ.