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Halle Berry’s ex granted primary custody of son Maceo after accusing actress of choking their 12-year-old

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Halle Berry’s ex-husband Olivier Martinez has been granted primary custody of their son, Maceo, after he accused the actress of choking their 12-year-old.

The restraining order was granted Thursday, with the “Monster’s Ball” actress losing 50/50 custody in lieu of daytime visits with Maceo, Page Six has confirmed.

Berry will be able to see her son during court-ordered visitation, which is two days a week and every other weekend.

In addition, Berry is ordered to not come within 100 yards of Martinez.

Olivier Martinez has been granted primary custody of his and Halle Berry’s son, Maceo, after he accused the actress of physically abusing him. The exes are seen here in February 2011. WireImage
The French actor’s restraining order against his ex-wife was also granted, Page Six confirmed Thursday. He’s seen here with Maceo in January 2016. Broadimage / Shutterstock

The next court date for the exes is set for Oct. 16.

Berry denied Martinez’s shocking allegations against her through her attorney, who called his filing “entirely meritless and deliberately misleading.”

“There is voluminous evidence, including numerous judicial rulings, that Olivier Martinez repeatedly violated court orders and interfered with necessary therapeutic and educational interventions to the detriment of his and Halle Berry’s minor son Maceo — misconduct for which Mr. Martinez has already been legally sanctioned,” the actress’ attorney, Marina Beck, shared in a statement with Page Six Thursday.

Beck also claimed Martinez has a well-documented history of “erratic, possessive and violent behavior.”

Berry is ordered to not come within 100 yards of Martinez (pictured here in May 2017). Getty Images
Martinez shockingly accused Berry of choking their 12-year-old son on Sept. 26. London Entertainment / SplashNews.com

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“Halle is used to this kind of outrageous conduct from Mr. Martinez and, while she is deeply saddened, she will not allow it to deter her from fighting for Maceo’s best interests and providing him with the love and support he needs,” the statement concluded.

On Sept. 26, Berry allegedly jumped on Maceo, put her hands around his neck and choked him, Martinez claimed in court docs obtained by Page Six.

The French actor claimed the argument began after Berry told Maceo he looked “stupid” and was “such an idiot” for playing a game with his virtual reality goggles.

“The situation escalated and Petitioner jumped on our son and started physically fighting with him,” Martinez alleged in the docs. “She grabbed Maceo by the neck and started choking him while shouting, ‘Who is dominant now?! Who is dominant?!’”

He also claimed his ex-wife (pictured here in December 2025) had been abusive towards Maceo multiple times in the past. Getty Images for The New York Times
Berry (pictured here in May 2024) denied the allegations through her attorney, who called the filing “entirely meritless and deliberately misleading” in a statement to Page Six. Getty Images for Pendulum

Martinez claimed that a panicked Maceo called him to pick him up after the alleged incident — and said he no longer wants to go to his mom’s house due to being “traumatized.”

In text messages included in the filing, Maceo asked his dad to “come pick [him] up right now” after the alleged incident.

He later wrote to his dad, “Are u here please come.”

Martinez also alleged in the docs that Berry was abusive towards their son multiple times in the past, stating, “Throughout the last year and a half, Ms. Berry had wrestled Maceo to the ground and forced him to ‘tap out.’”

Berry and Martinez, both 60, were married for two years before splitting in October 2015. Their contentious divorce took eight years to finalize.

The Oscar winner’s attorney also said Martinez (pictured here in November 2016) had a history of “erratic, possessive and violent behavior” over the years. LatinContent via Getty Images
Berry and Martinez had an extremely contentious divorce that took eight years to finalize. They’re seen here in October 2012. WireImage

The “Catwoman” star was ordered to pay Martinez $8,000 a month in child support, according to court docs obtained by Page Six in August 2023.

As of April of that year, she was also ordered to pay the “Unfaithful” star 4.3 percent of any income she receives above $2 million, which would be considered “additional child support” for Maceo.

In Martinez’s court filing Thursday, he alleged Berry had caused Maceo mental and emotional harm by making racially charged statements about their divorce battle.

He claimed that, back in 2023, the Oscar winner allegedly told their son his dad was “a white b—h trying to rob a black woman” due to their child support issues.

“Ms. Berry then asked our son, ‘How do you feel about that as a black man?’” he claimed, per the docs.

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