By Islam El-Sakka
Oscar-winning actor Halle Berry has lost primary physical custody of her 13-year-old son, Maceo, to her ex-husband Olivier Martinez following a Los Angeles court ruling on Thursday. The decision comes after Martinez alleged Berry physically abused the child, prompting a domestic violence restraining order request.
Custody arrangement changed
Berry and Martinez, both 60, previously shared joint physical and legal custody of Maceo after their 2015 separation. Martinez has now been awarded full physical custody, though the former couple will continue to share joint legal custody. Berry had sought to restore the 50/50 physical custody arrangement, but the judge denied that request.
Restraining order dissolved
Despite the custody loss, Berry secured a victory when the judge dismissed Martinez’s request for a domestic violence restraining order and lifted temporary restrictions against her. Berry’s attorney, Marina Beck, said Berry is “extremely pleased” the restraining order was dissolved. However, the judge ruled Berry can no longer have overnight visits with Maceo, though holiday custody remains unrestricted.
Nine-day hearing included testimony from children
The custody hearing began on October 19 and featured nearly four hours of testimony from Maceo. Berry, Martinez, Berry’s 18-year-old daughter Nahla Aubry, and her fiancé Van Hunt also testified. Aubry stated she had never seen her mother act violently toward her brother.
Allegations and denials
In his restraining order request, Martinez accused Berry of physically abusing Maceo and choking him in a September 26 incident. Berry denied all allegations in a declaration, writing: “I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.”
Further review expected
The judge is expected to reconsider custody issues in November.
