Maceo Robert Martinez is 12 years old, the son of Oscar-winning actress Halle Berry and French actor Olivier Martinez. He was born in October 2013 in Los Angeles, just months after his parents married at a chateau in France. He has spent most of his life at the center of one of Hollywood’s longest and most contentious custody disputes.
That dispute reached a new level in October 2026 when Martinez filed for a temporary restraining order against Berry, accusing her of choking their son during an argument at her home.
A Los Angeles County judge granted the order, limiting Berry’s contact with Maceo to court-ordered visitation. Berry, through her attorney, called the allegations “entirely meritless and deliberately misleading” and pointed to what she described as Oliver Martinez own history of violence and interference.
Three days after the restraining order was issued, Berry was photographed shopping at a Best Buy in Los Angeles with Maceo and her longtime boyfriend, Van Hunt, in what appeared to be a routine family outing.
The next court hearing is scheduled for October 16, 2026. The outcome could reshape the custody arrangement that has governed Maceo’s life since his parents’ divorce was finalized in August 2023.
Halle Berry Son Maceo Martinez Custody Battle Update: The October 2026 Escalation
The latest chapter in the custody war began on September 26, 2026, when an alleged physical confrontation took place at Berry’s home.
According to court documents filed by Martinez on October 1, Maceo was playing a virtual reality game when an argument with Berry turned physical. Martinez alleges that Berry grabbed Maceo around the neck and choked him while shouting, “Who is dominant now?!” He claims Maceo had to “fight back” before escaping from Berry.
Martinez says their son called him afterward, panicking, and asked to be picked up. When Martinez arrived at Berry’s home, Maceo reportedly left with his belongings.
Martinez also claims this was not the first time Berry had been physical with their son, and he says her alleged drinking contributed to the incident.
Based on these allegations, a Los Angeles County Superior Court judge granted Martinez a temporary restraining order on October 1. Under its terms:
- Berry must stay 100 yards away from Martinez at all times.
- Berry’s contact with Maceo is limited to court-ordered visitation: two days per week and every other weekend.
- The restrictions remain in place until the October 16 hearing.
Berry has not been cut off from Maceo entirely. She retains visitation rights under the existing parenting schedule, and she was seen with him in public just days after the order was granted.
Halle Berry shops with son Maceo amid ex Olivier Martinez’s abuse claims.
🎥: Backgrid https://t.co/FI263XrhVQ
— TMZ (@TMZ) October 5, 2026
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Berry’s Response: “Entirely Meritless and Deliberately Misleading”
Berry did not stay quiet. Her attorney, Marina Beck, issued a forceful response, rejecting Martinez’s allegations and pointing to what she described as a long record of his own problematic behavior.
“To say this filing is entirely meritless and deliberately misleading would be an understatement,” Beck told the Daily Beast. “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.”
Beck added that Martinez had already been “legally sanctioned” for the misconduct described in Berry’s filings.
Berry’s attorney also described Martinez as having a history of “erratic, possessive and violent behavior.” That characterization appears to reference, at least in part, Martinez’s Thanksgiving 2012 brawl with Berry’s former partner Gabriel Aubry. In that incident, which took place in Berry’s driveway, both men were hospitalized. Aubry alleged at the time that Martinez threatened to kill him.
Berry’s legal team also filed a motion asking the court to reinstate the earlier custody arrangement and reverse the changes imposed by the temporary restraining order. In those filings, Berry described a troubling pattern: she claimed Maceo would often return to her home angry and combative after extended time with Martinez, and that it would take two to three days for him to settle back in. She also alleged that Maceo appeared to repeat private disagreements between his parents and take Martinez’s side in them.
Berry said therapy has helped improve Maceo’s behavior, and her filing described a mother who has “always been seeking to prioritize the best interests” of her son, while acknowledging she “is not perfect.”
Who Is Maceo Robert Martinez
Maceo Robert Martinez was born in October 2013 in Los Angeles. His first name reportedly reflects his father’s Spanish heritage, and his middle name, Robert, is a family name.
He is Berry’s second child. Her daughter Nahla Ariela Aubry, now 18, was born in 2008 from Berry’s relationship with Canadian model Gabriel Aubry. Maceo is Martinez’s only child.
Most of what is publicly known about Maceo comes from court filings and occasional photographs. Berry and Martinez have both tried, at different points, to keep their son’s life out of the media. Their divorce agreement included a provision barring either parent from speaking negatively about the other in front of Maceo.
In more recent filings, Berry described Maceo as a child who has struggled with behavioral issues that she attributes in part to the conflict between his parents. She has said that professional therapy has been beneficial for him and that Martinez’s refusal to cooperate with therapeutic interventions has made the situation harder.
Martinez, on the other hand, has portrayed himself as a protective father who is concerned about Maceo’s safety in Berry’s care. His October 2026 filing states that he wants Berry to have a relationship with their son but only after “some time and space.”
The Parents: Halle Berry and Olivier Martinez
Halle Berry was born on August 14, 1966, in Cleveland, Ohio. She is 60 years old. She won the Academy Award for Best Actress in 2002 for Monster’s Ball, becoming the first and, as of 2026, still the only Black woman to win the award in that category. Her career includes roles in the X-Men franchise, Catwoman, John Wick: Chapter 3, and Bruised, which she also directed. She has been married three times: to baseball player David Justice (1993-1997), singer Eric Benet (2001-2005), and Olivier Martinez (2013-2023). She has been in a relationship with musician Van Hunt since 2020.
Olivier Martinez was born on January 12, 1966, in Paris, France. He is also 60 years old. He trained as a boxer before turning to acting and gained international attention for roles in The Horseman on the Roof (1995), Unfaithful (2002), S.W.A.T. (2003), and Dark Tide (2012), where he met Berry. He previously dated Australian singer Kylie Minogue from 2003 to 2007.
Berry and Martinez met on the set of Dark Tide in 2010. They married on July 13, 2013, in a private ceremony at the Chateau des Conde in France. Maceo was born that October. The couple announced their separation in October 2015, citing irreconcilable differences. Their divorce proceedings lasted eight years, with the settlement not finalized until August 2023.
The Divorce Settlement and Its Terms
The 2023 divorce agreement between Berry and Martinez set the framework for Maceo’s custody. Under its terms:
- Both parents received joint legal and physical custody of Maceo.
- Berry was ordered to pay Martinez approximately $8,000 per month in child support.
- Berry was also required to pay an additional 4.3% of any income she earns above $2 million.
- Berry agreed to cover the entirety of Maceo’s private school tuition.
- Berry was granted the tie-breaking vote in certain disputes involving Maceo’s mental health and education.
- Both parents were prohibited from speaking negatively about each other in front of Maceo.
The settlement came after nearly a decade of legal warfare that included disputes over child support, spousal support, visitation schedules, and co-parenting therapy. The process was so drawn out that Berry reportedly used an alias, “Hal Maria,” when she initially filed for divorce to avoid public attention.
The Custody History: A Timeline of Conflict
The Berry-Martinez custody battle did not begin in 2026. It has been an ongoing conflict for years, with each side accusing the other of undermining the other’s parenting role.
- October 2015: Berry and Martinez announced their separation after two years of marriage. Martinez filed for divorce one day after Berry.
- 2016-2023: The divorce proceedings dragged on for nearly eight years. Disputes centered on child support, spousal support, and custody terms. At one point, court paperwork revealed the couple was considering reconciliation, though they ultimately did not.
- August 2023: The divorce was finalized. Both parents received joint legal and physical custody of Maceo.
- 2024: Berry filed for sole legal custody, accusing Martinez of interfering with Maceo’s educational and therapeutic needs. She claimed Martinez refused to cooperate with recommendations from Maceo’s school and therapeutic professionals. She also accused him of delaying court-ordered co-parenting therapy.
- 2025: Disputes continued over co-parenting therapy. Berry accused Martinez of “taking the summer off” from required sessions. A judge eventually sided with Berry in a ruling that required Martinez to participate.
- September 26, 2026: The alleged physical confrontation at Berry’s home.
- October 1, 2026: Martinez filed for a temporary restraining order and sole custody. A judge granted the TRO.
- October 2, 2026: Berry’s attorney issued a statement denying the allegations and calling them “meritless.”
- October 5, 2026: Berry was photographed with Maceo and Van Hunt at a Best Buy in Los Angeles, showing she still has visitation access.
- October 6, 2026: Berry filed a motion asking to reinstate the earlier custody arrangement.
- October 16, 2026: Scheduled hearing date.
What Happens Next
The October 16 hearing will determine whether the temporary restraining order stays in place, gets modified, or gets lifted. It could also address Martinez’s request for sole custody and Berry’s counter-request to restore the previous arrangement.
Several factors will likely shape the outcome:
The restraining order. The current TRO limits Berry’s contact with Maceo to court-ordered visitation. If the judge finds Martinez’s allegations credible, the restrictions could become permanent. If Berry successfully challenges the claims, the order could be lifted.
Sole custody. Martinez is asking for sole legal and physical custody. Granting that would be a major departure from the 2023 settlement and would require the court to find a significant change in circumstances. Berry’s filing argues the opposite: that she should retain joint custody or gain more decision-making authority.
Maceo’s wellbeing. Both parents frame their filings around what is best for Maceo. Berry says therapy has been beneficial and that Martinez’s resistance to therapeutic intervention is the core problem. Martinez says Berry’s behavior is the danger. The court will weigh both accounts.
Past judicial findings. Berry’s attorney has repeatedly pointed to previous court rulings that found Martinez violated court orders and interfered with Maceo’s care. Those rulings could influence how the judge views the current dispute.
Frequently Asked Questions
How old is Halle Berry’s son Maceo?
Maceo Robert Martinez is 12 years old. He was born in October 2013 in Los Angeles to Halle Berry and Olivier Martinez.
What is happening in the Halle Berry custody battle?
In October 2026, Olivier Martinez filed for a temporary restraining order against Berry, accusing her of choking their 12-year-old son Maceo during an argument on September 26. A judge granted the order, limiting Berry’s contact with Maceo to court-ordered visitation. Berry denied the allegations through her attorney and filed a motion to restore the previous custody arrangement. The next hearing is October 16, 2026.
Who has custody of Maceo Martinez?
Under the 2023 divorce settlement, Berry and Martinez shared joint legal and physical custody. Following the October 1, 2026 restraining order, Martinez was granted temporary primary custody, with Berry retaining court-ordered visitation (two days per week and every other weekend).
What did Halle Berry’s attorney say about the abuse allegations?
Attorney Marina Beck called the filing “entirely meritless and deliberately misleading.” She said there is “voluminous evidence” that Martinez has repeatedly violated court orders and interfered with Maceo’s therapeutic and educational needs.
Does Halle Berry have other children?
Yes. Berry has a daughter, Nahla Ariela Aubry, born in 2008. Nahla’s father is Canadian model Gabriel Aubry. Nahla is now 18 years old. Maceo is Berry’s only child with Martinez.
Who is Halle Berry dating now?
Berry has been in a relationship with musician Van Hunt since 2020. They have not married. Hunt was seen with Berry and Maceo during a shopping trip on October 5, 2026.
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