Key Facts
- Who: Halle Berry, 60, and ex-husband Olivier Martinez, 60, parents of 13-year-old Maceo
- What happened: On October 29, 2026, a Los Angeles judge dissolved the temporary restraining order against Berry and denied Martinez’s request for a longer-term domestic violence restraining order
- What did not change: Martinez keeps primary physical custody for now, and Berry’s visits stay limited to set days and hours, with no overnight visits
- What is next: Both parents return to court on November 4, 2026, when the judge will revisit custody
- Alleged, not proven: Martinez accused Berry of physically abusing Maceo in an alleged incident on September 26, 2026; Berry firmly denies it
The Halle Berry custody ruling arrived on October 29, 2026, and it gave both sides something to celebrate. After nearly two weeks of hearings in Los Angeles, a judge dissolved the temporary restraining order against Berry. The judge also denied Martinez’s request for a longer-term domestic violence restraining order. At the same time, the judge left the current custody setup in place. Martinez therefore keeps primary physical custody of the couple’s 13-year-old son, Maceo, for now.
That split result explains the two very different reactions. Berry’s team called the dissolved order a major win. Martinez’s team called keeping custody a huge victory. Both claims are true, as far as they go. However, the bigger fight over where Maceo lives long term is still open, and it returns to court in less than a week.
What did the judge decide in the Halle Berry custody ruling?
Judge Shelley Kaufman of the Los Angeles Superior Court issued the ruling after hearings that began on October 19, 2026. According to reporting from People, she dissolved the temporary restraining order Martinez had obtained against Berry. She also denied his request for a permanent domestic violence restraining order covering himself and Maceo.
In addition, the judge temporarily denied Berry’s requests to restore the 50-50 custody split the couple shared after their 2023 divorce, and to allow overnight visits. Berry keeps her holiday visitation, because the judge also denied Martinez’s request for sole custody across all holidays. Meanwhile, Berry retains joint legal custody, while her physical custody stays limited under the temporary setup from earlier in October.
So the picture today is simple. Martinez has primary physical custody. Berry sees Maceo on set days and hours, without overnights, until the court says otherwise.
Why both sides are claiming victory
Berry’s attorney, Marina Beck, told People her team was “extremely pleased that the Court has dissolved the TRO.” Berry plans to keep her focus on her family’s well-being, Beck added. For Berry, the dissolved order matters. It removes an order that had framed the dispute in Martinez’s favor.
Martinez’s attorney, Patrick Baghdaserians, described the outcome very differently to TMZ. He said his client had kept primary physical custody, Berry had been granted no overnights, and “the child is safe” in his client’s custody. For Martinez, keeping primary custody was the outcome that mattered most. He got it, at least for now. His lawyers also said Berry was ordered to attend certain therapy sessions with Maceo, which they framed as repairing the relationship.
Neither reaction is the final word. Temporary orders are temporary by definition. The November hearing could shift the arrangement again, in either direction.
How did the Halle Berry custody case get here?
Berry and Martinez married in 2013 and finalized their divorce in 2023. After the split, they shared joint physical and legal custody of Maceo. The current dispute began this autumn, and it moved fast:
| Date | What happened |
|---|---|
| September 26, 2026 | Martinez alleges Berry physically abused Maceo during an argument at home; Berry denies it |
| October 1, 2026 | Martinez files for sole custody, according to court documents |
| Early October 2026 | A temporary restraining order is granted to Martinez, and a modified custody setup limits Berry’s visits |
| October 19, 2026 | Hearings begin in Los Angeles; Maceo testifies in a closed hearing, and Berry’s older daughter Nahla files a declaration saying she never saw her mother act abusively toward her brother |
| October 29, 2026 | Judge Kaufman dissolves the temporary restraining order, denies a permanent order, and keeps the temporary custody setup |
| November 4, 2026 | Both parents return to court for a fresh review of custody |
It helps to separate what the court has decided from what remains alleged. The court has decided the restraining-order question for now, and it has kept a temporary custody setup in place. It has not issued a final ruling on the abuse allegations. Berry denied them in a court declaration, saying: “I have never physically, emotionally or otherwise abused Maceo.” Martinez’s filings allege physical misconduct. Those competing claims remain unresolved.
What the closed hearing tells us — and what it does not
Maceo testified in a closed hearing earlier in October, giving four hours of sealed testimony, according to Hello! Magazine. His testimony was limited to the restraining-order request. Closed hearings protect a child’s privacy, so the public record does not include what he said. Reports can confirm he testified, but not what his testimony proved.
What happens next on November 4?
On November 4, 2026, the judge will revisit custody itself. Three questions will shape that hearing. First, will the court restore anything close to the old 50-50 split, or keep primary custody with Martinez? Second, will Berry regain overnight or weekend visits? Third, will either side present new evidence that changes the temporary setup?
As a result, the Halle Berry custody ruling is best seen as a halftime score, not a final result. Berry leaves with the restraining order gone and her holiday visits intact. Martinez leaves with primary custody and no overnights for Berry. But the setup both parents live under now is explicitly temporary, and the court has already set the date to reconsider it.
Finally, court reporting — not social media reaction — will decide this story. Any change to custody or visits will come from the judge, not from either camp’s statement. We will update this article when the November 4 hearing concludes.
Sources
- Parade, “The Latest Ruling in Halle Berry’s Custody Battle With Ex Olivier Martinez” (October 29, 2026) — the ruling, both attorneys’ statements, and the November return date: parade.com
- People, via Parade and EntertainmentNow — the dissolved temporary restraining order, the denied permanent order, and Berry’s attorney’s statement: entertainmentnow.com
- Hello! Magazine, “Halle Berry’s ex Olivier Martinez granted physical custody of son Maceo, 13, after explosive abuse allegations” (October 29, 2026) — Judge Kaufman’s custody orders and holiday-visit decision: hellomagazine.com
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