Halle Berry’s long-running custody dispute with ex-husband Olivier Martinez has reached a new turning point. A Los Angeles judge has awarded the French actor primary physical custody of the former couple’s 13-year-old son, Maceo, while at the same time throwing out his request for a domestic violence restraining order against the Oscar winner.

What the judge decided

According to The Sun, Judge Shelley Kaufman of Los Angeles Superior Court denied Berry’s request to return to the 50/50 physical custody arrangement that was in place before temporary orders were issued. For now, Berry will not have overnight visits, though her holiday arrangements were not restricted and the court is expected to revisit the schedule later this month. Martinez’s lawyer also said Berry has been ordered to attend therapy with Maceo.

The parents will continue to share joint legal custody, meaning neither has sole say over major decisions in their son’s life.

Martinez’s attorney told reporters the ruling was exactly what his client had sought. Berry’s lawyer, Marina Beck, told Page Six she was “extremely pleased” that the restraining order had been dissolved, adding that Berry remains focused on her family’s well-being.

Martinez, speaking to Extra, said he hopes mother and son can rebuild their relationship and that he does not want Maceo to hate his mom.

The allegations, and Berry’s denial

The case began after Martinez filed for a restraining order over an incident at Berry’s home on September 26. In his court declaration, as reported by The Sun, he alleged that an argument over Maceo’s use of a virtual reality headset turned physical. He also raised concerns about Berry’s mental health and alleged alcohol use.

Berry has strongly denied every allegation. In her own filing she stated that she has never abused Maceo in any way, describing herself as a survivor of domestic violence who helps other victims. She has characterized the incident as “roughousing” while trying to set boundaries, and argued in court papers that her son had been “coached and manipulated.”

The nine-day hearing began on October 19. Maceo gave sealed testimony, and Berry, Martinez, Berry’s fiancé Van Hunt and her 18-year-old daughter Nahla Aubry also took the stand. In a written declaration, Nahla said she had never seen her mother be physically abusive toward her brother and described her as a loving, devoted parent.

Separately, The Sun reported that Berry has denied sharing an Instagram Story quote about parenting that circulated days before the ruling.

A decade of disputes

Berry and Martinez met in 2010 on the set of Dark Tide, married in France in 2013 and welcomed Maceo that October. They announced their split in 2015, but their divorce wasn’t finalized until 2023, and the pair have returned to court several times since over co-parenting.

Representatives for both stars were approached by The Sun for comment.

Source: The Sun, citing court filings and statements to Page Six and Extra.