Halle Berry's ex-husband Olivier Martinez awarded primary custody of their 13-year-old son
A judge in Los Angeles has dissolved a temporary restraining order filed against Halle Berry earlier this month by her ex-husband Olivier Martinez.
Martinez's request for a domestic violence restraining order against Berry to be made permanent was denied on Thursday, according to court documents obtained by ABC News on Friday. Superior Court Judge Shelley Kaufman also awarded Martinez primary physical custody of the couple's 13-year-old son Maceo, with a custody arrangement giving Berry visitation on Mondays and Tuesdays, as well as "alternating weekends of the month."
The custody arrangement, a modified version of the former couple's earlier agreement, will remain in place until November, when Martinez and Berry return to court to discuss the arrangement, according to the judge's order.
Following the judge's decision, Martinez's attorney, Patrick Baghdaserians, told ABC News he was happy with the outcome, calling it a "child-focused result that is meant not only to protect the minor child but to foster the well-being of the minor child going forward."
He added that Martinez's primary concern right now is his son, saying, "He values Maceo above his own mental health. Maceo comes first. From our perspective the court rendered order fosters that. Maceo comes first. This is not a gamesmanship to one-up the other party."
Marina Beck, an attorney for Berry, told ABC News in a statement Thursday, in response to the ruling, "We are extremely pleased that the Court has dissolved the TRO. As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family."
Earlier this month, Martinez filed a temporary restraining order against Berry, alleging that she physically assaulted Maceo during a Sept. 26 incident, reigniting the former couple's custody dispute over their son.
In court documents, Martinez alleged that Berry "jumped on Maceo and started physically fighting with him" after she came into his room while he was playing a virtual reality game.
Berry denied any claims of abuse, stating in a court document filed Oct. 5 that the two had been play-wrestling.
"As we played, I never place [sic] my hands around Maceo's neck," the document read. "I never choked him, never restrained his breathing, never told him to tap out, or yell, 'Who is dominant now?' as Olivier, who was not there, falsely claims."
Baghdaserians told ABC News this week that moving forward, Martinez's priority will be to "protect" Maceo.
"Contrary to claims, my client is not hoping there is a breakdown between mother and son," he said. "He believes a child deserves both parents. But not every parent deserves a child unfortunately. I believe this may be the latter of the situation."
Martinez and Berry each filed for divorce in 2015 after two years of marriage, citing irreconcilable differences, and asked for joint and physical custody of their son, who was 2 at the time. They finalized their divorce in 2023.
