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Halle Berry has reportedly lost primary physical custody of her 13-year-old son, Maceo, in a bitter custody battle with her ex-husband, Olivier Martinez.
The Oscar-winning actor, 60, previously had joint physical and legal custody of Maceo with Martinez, also 60, following their 2015 split.
However, Martinez has now been awarded full physical custody after he alleged that Berry physically abused their son, filing a request for a domestic violence restraining order protecting himself and Maceo, according to TMZ. Berry had asked a judge to restore the 50/50 physical custody agreement that was in place prior to the restraining order, but that request was denied.
The former couple will continue to share joint legal custody.
Berry has vehemently denied all allegations of abuse and accused Martinez of making up the claims to escalate their custody dispute.
Although the X-Men star reportedly lost primary physical custody of Maceo in court Thursday, she still had a victory: the Los Angeles judge tossed out Martinez’s request for a domestic violence restraining order and lifted the temporary restrictions on Berry.
Berry’s attorney, Marina Beck, told Page Six that she is “extremely pleased” that the restraining order was dissolved.
“As we move forward, Halle is determined to continue to focus on the well-being and best interests of her family,” Beck said.
While Berry’s custody during the holidays has not been restricted, the judge ruled that Berry could no longer have have overnight visits with Maceo.
Martinez’s lawyer told TMZ that the custody decision is a “huge victory.”
The Independent has reached out to representatives for Berry and Martinez for further comment.
The nine-day custody hearing started October 19 with nearly four hours of testimony from Maceo. Berry and Martinez also testified, along with Berry’s 18-year-old daughter, Nahla Aubry, and her fiancé, Van Hunt.
Aubry declared in court that she had never seen her mother act violently toward her younger brother.
In his domestic violence restraining order request, Martinez accused Berry of physically abusing Maceo and choking him in a September 26 incident.
Berry wrote in a responding declaration: “I have never physically, emotionally, or otherwise abused Maceo. I am a victim of domestic violence, and I help victims of domestic violence.”
The judge is expected to reconsider custody issues in November.
The national domestic abuse helpline offers support for women on 0808 2000 247, or you can visit the Refuge website. There is a dedicated men’s advice line on 0808 8010 327. Those in the US can call the domestic violence hotline on 1-800-799-SAFE (7233). Other international helplines can be found via www.befrienders.org
