Los Angeles · 29 October 2026
A Los Angeles Superior Court judge has ruled in Halle Berry's custody case with her ex-husband, Olivier Martinez. Judge Shelley Kaufman dissolved the temporary restraining order against Berry, but left primary physical custody of their teenage son with Martinez for now.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
A split decision
The ruling has two distinct parts, and each side has claimed a win from it. Berry's lawyer called the dissolved restraining order a win for Berry, while Martinez's lawyer, speaking to TMZ as reported by USA TODAY, called primary physical custody a huge victory for his client.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
What the judge decided
Berry and Martinez will continue to share legal custody, according to Page Six and USA TODAY. The judge temporarily denied Berry's requests for equal 50/50 physical custody and for overnight visits, so the custody arrangement put in place with the temporary order stays in place for now.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
How the case reached court
Martinez was granted a temporary protective order on 1 October, after alleging that Berry had physically abused their son during an incident on 26 September. Berry asked the judge to deny a permanent restraining order and lift the temporary restrictions. Much of the nine-day hearing that followed was held in closed court.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
Berry's position
Berry has consistently denied the allegations, Page Six and USA TODAY report. Her lawyer, Marina Beck, previously called Martinez's filing entirely meritless and deliberately misleading, and argued that Martinez had repeatedly violated court orders and interfered with their son's therapeutic and educational care. Those are her lawyer's arguments, not findings of the court.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
Martinez's position
Martinez had sought sole legal and physical custody. His lawyer told reporters after the ruling that his client had been granted primary physical custody, that Berry had been granted no overnight visits, and that the child was safe in his client's custody. Berry's lawyer, by contrast, said the court dissolving the restraining order was a win for Berry.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
The history
Berry, 60, and Martinez, 60, married in July 2013 and separated two years later. They were declared legally single in December 2016, and their divorce was finalised in August 2023. That settlement provided for joint legal and physical custody and for Martinez to receive 8,000 dollars a month in child support, USA TODAY reports.
Photos: Halle Berry during a photocall at the 2025 Cannes Film Festival, 13 May 2025, by Gabriel Hutchinson / WikiPortraits via Wikimedia Commons (3678x5150, downscaled, never upscaled). Page images were re-exported with the subject in the upper portion of the frame and an empty band below, so no text overlaps the subject. All page photographs show Halle Berry, the subject of this story. No Olivier Martinez portrait page is included: no verified portrait of him was obtained to standard in this run, and nothing was substituted. This story deliberately does not name the couple's teenage son and does not repeat the graphic detail of the alleged incident; the allegations are reported only as allegations, which Berry denies.
The ruling was made on Thursday, 29 October 2026, by Los Angeles Superior Court Judge Shelley Kaufman, as reported by Page Six and USA TODAY, with further reporting by JustJared and Hello Magazine. All facts below are reported by at least two of the outlets listed.
What happens next
This is an interim ruling, not a final custody settlement: the judge is expected to revisit the custody arrangement in November, according to reports citing TMZ. Until then, primary physical custody stays with Martinez, Berry retains joint legal custody, and the restraining order is dissolved. Tap below for more VisitBest web stories.