Oct. 30, 2026

Halle Berry Loses Physical Custody Of Son To Ex Oliver Martinez

Halle Berry Loses Physical Custody Of Son To Ex Oliver Martinez
Halle Berry Loses Physical Custody Of Son To Ex Oliver Martinez
Intimate Knowledge
Halle Berry Loses Physical Custody Of Son To Ex Oliver Martinez

A judge ruled that Oscar winning actress Halle Berry will remain without primary custody of her 13-year-old son, Maceo. The judgement comes after a nearly two week hearing that included six hours of testimony by Maceo. The judge did, however dismiss Martinez’s request for a domestic violence restraining order against Berry after he accused her of physically abusing their son in September. Berry’s daughter, 18-year-old Nahla Aubry defended her mother, accusing Martinez of being on "quest to destroy my mom" and said she is "heartbroken" to see Maceo "become the subject of a public dispute that he may not fully understand."

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00:00:02
Speaker 1: After nearly two weeks of testimony, including six hours from a 13-year-old boy, a judge has ruled that Halle Berry, at least temporarily, has lost physical custody of her son, Maceo. And with that, everyone, welcome to this episode of Amy and TJ. It's Friday, October 30th. And this is just devastating for everyone to read about, but certainly for Halle Berry, who has spent literally the past two weeks going to court with cameras in her face, watching her young son or 13-year-old son testify. Actually, she didn't see him. It was done without either parent there. But just, I can't imagine the emotional exhaustion and and just the difficulty of doing this in private, but instead doing it with the world watching.

00:00:52
Speaker 2: I don't know what any of this necessarily means. I just know the headlines are devastating, and this has become, and maybe you can give me an idea, I don't know how much this has actually been covered in a mainstream way, if you will. There are certainly some celebrity outlets, and there are then tabloids, So I don't know where this is rising to the level. Do you have a sense of where this is?

00:01:22
Speaker 1: Yeah, I mean, I think, oh, it's extended beyond tabloids. I mean, I don't know how you would consider People magazine, but then you've got USA Today and ABC News. And yes, all of the main outlets are reporting on this because, look, Halle Berry is an Oscar-winning actress who, who is beloved by many, certainly obviously a household name, widely regarded as the most beautiful woman in the world, the first black woman to win an Oscar. Yes, anything that Halle Berry does or doesn't do or anything related to Halle Berry is going to make big headlines. And this is just an unfortunate one.

00:01:59
Speaker 2: Um, yeah, I don't look, uh, this story and these, these headlines, you can't get away. I mean, the facts are what they are. The truth is the truth. And this is happening. This is happening in her life. Um, the way it's being discussed, I guess, is the problem. Um, too often, a lot of these stories, people can say what they want to say on social media and whatnot, but How it's billed and sold is something really, really salacious. And the headlines are awful. And we actually don't know the truth of the matter. But we do know that she and her ex have been fighting... Like my whole relationship life, it feels like these two have been added in court.

00:02:47
Speaker 1: Yes. I believe it took them eight years to get divorced and they only had a two-year marriage. So that speaks volumes just in terms of how they're able to communicate not well. And to your point, this is something I think we want to bring to our listeners' attention just because we've lived it and we've lived it personally and professionally. But so often these types of cases come down to who's got a better PR team or who has a better relationship with which outlet. And then certain headlines are shifted a certain way. And yes, it can be an incredibly painful and difficult exercise because yeah, the truth is probably somewhere in between, but we don't ever actually know what's happened. And look, there was a little bit of good news, obviously the headline that she lost physical custody of her son. And that she has no overnight visits with him. That is devastating. But the perhaps just one slight win that her team did highlight when they reacted to the news, when they gave a statement following the judge's ruling on Thursday, they said that, look, at least. The temporary restraining order that Olivier Martinez was granted initially has been dissolved, and his request for a permanent domestic violence restraining order was denied. I guess those were the small victories that Halle Berry's team received, but the one that she wanted more than anything was taken from her.

00:04:20
Speaker 2: And what's his name, right? As I'm sitting here, I'm asking the listeners, what's his name? Do folks know his name? Probably not. And that's kind of the point here you were making as well, Robes, that she's the Oscar winner. She's the star here. So everything is Halle Berry's ex wins. Even if they throw his name in there, Olivier Martinez, if people really, you know, so she has to suffer that. Everybody's using her name. to get their clicks. Everybody's using her name to make it as salacious as possible. It's her name. This is pain, man. Report on it, and I get it. And that's fine. It's legit based on who she is and her relevance. But my God, Rose, we just know the pain that people feel. It's not a right or wrong. Just dumping on people and pouncing on them when it's the most painful thing. This is a mama thing. who really I've seen give a damn about her kids. Obviously she does, Robes.

00:05:32
Speaker 1: Yes, and to that point, I actually want to, because look, to everything you're saying, yes, yes, and yes. Anyone who has been through a divorce, anyone listening who has been through a custody hearing knows how dirty it can get. knows that you can take something where there was a little bit of truth. Obviously something happened between Maceo and Halle Berry on that night a couple of weeks ago. And it just, the context is so important. So yes, Maceo testified for six hours and Halle Berry didn't want him to. Her assertion, her team's assertion was that he is under the constant influence of his father, whose main goal is to alienate him from his mother. And so, look, you have to take that into consideration. Those allegations and those realities take place all the time in custody hearings. So just because a 13-year-old testifies to something doesn't even mean that's exactly what happened. She asserts and she believes he's been coached because his father lets him get away and do whatever he wants. She's trying to impose rules and boundaries and she's trying to be a strict mom. I think a lot of parents can understand that frustration and then to have, yeah, the good guy, the good parent versus the bad parent. And when kids are young and malleable and don't understand the complexities of what's going on and not even realize that maybe, yes, Maceo maybe was being used as a pawn in all of this so that someone can get power or victory over another because there are deep-seated resentments.

00:07:00
Speaker 2: Okay, but here we are. I mean, we have the dad. You have to leave space. Yes. For the dad, if this dad thinks his child is literally under physical threat if he's around his mother, every parent hearing that would take particular action. We can relate to that.

00:07:18
Speaker 1: Absolutely.

00:07:20
Speaker 2: It's just, I'm telling you, almost impossible to believe that Halle Berry was choking out her son. The way it's being described. It's hard to believe.

00:07:28
Speaker 1: And there were no bruises. There was no physical evidence.

00:07:32
Speaker 2: Really hard to believe that. So it's not a matter of saying the kid was lying. It's not how did he represent it to his dad. And if we sound like homers, we've said it plenty. Robes, I just, we are, or I am. Look, I just, she's near and dear, Robes, to us for very personal reasons. And I just don't, it's just my heart breaks for her. To see what's happening right now. And it's not making a judgment on who's right and who's wrong and what actually happened and who's responsible. And everybody could have a hand in being responsible. But to think this is the best way to go about it is hard. For any of them, it's hard to understand.

00:08:12
Speaker 1: It's hard. Yes, it's very hard. And it's so sad. And by the way, you said, who's her husband? I actually was mispronouncing his name. I know who he is, only because there's one movie that I think a lot of people, they started a movie together, which started their relationship. But the movie that everyone tends to know Olivier Martinez from is... Unfaithful.

00:08:34
Speaker 2: You said tend to know.

00:08:35
Speaker 1: That's the only one that they know.

00:08:37
Speaker 2: He was a French actor. He had a good career, a solid career, but not necessarily an American and English.

00:08:43
Speaker 1: And not necessarily a household name. At least I think anyone I know that I mispronounced his name a couple of times. Olivia Martinez.

00:08:51
Speaker 2: Olivia. It makes more sense now because it looks like he looks like he was left from Latin America. Oliver Martinez.

00:08:57
Speaker 1: Right, that's what I thought. I was like, wait, no, he's French. Olivier Martinez, yes. But he, look, to take it to a family court, he knew damn well that this was going to be a massive story. And I just, look, again, if he felt like his son's life was under that much threat, that he was willing to put his son, his former relationship, and his ex-wife in a glaring hot spotlight... I would want to believe that a parent would only do that if they felt like their child's physical safety was in dire threat, under dire threat.

00:09:40
Speaker 2: And look, we have to give him the benefit of the doubt. We have to. The reason some might not is based on everything that we have seen in these headlines over the past several years where these two have been going at it. It takes eight years to get divorced. This is a guy she's still paying. What is the percentage?

00:10:01
Speaker 1: Over... $ 8, 000 a month in child support and.

00:10:03
Speaker 2: The percentage over what? 10 or 20 million she makes?

00:10:06
Speaker 1: I thought it was over 2 million. Anything she made over $ 2 million, she had to give him 4 point something percent. Yeah. So it's a significant amount of money. I can understand where there would be a significant amount of resentment in towards him with that because here you are busting your ass. She's still working. She's still producing movies. And to think that you're working to pay someone who you were only married to for two years who has spent the last eight years trying to tear you apart publicly.

00:10:34
Speaker 2: What was that line about the white man taking money from a black woman? What was that thing?

00:10:38
Speaker 1: Yes. That was funny. Look, there have been plenty of text messages that have leaked back and forth between Halle Berry and Olivia Martinez and some of the things she reportedly said to her son. Out of frustration because her claims have been all along that Olivia Martinez undermines every bit of discipline she tries to impose on her son from his grades to any sort of therapy he may need. That Olivia just says, no, you can do whatever you want and completely undermines her ability to discipline and guide her child as she sees fit.

00:11:08
Speaker 2: Any parent listening will go, I can see that.

00:11:11
Speaker 1: Yes, you can see that. And again, I think a lot of women, I am only speaking personally, understand what it's like to have to constantly be the bad guy, to constantly have to be the one who's the disciplinarian because you have someone who knows, oh, wow, if I just give my child everything they want, they'll like me more. And that's sad that that happens, but it does. And it will always probably happen because people don't put a child's best interest at heart. They put their own feelings, their own ego, their own needs, their own wants ahead of that, whether they want to admit it or not.

00:11:45
Speaker 2: That is, well, I'm still laughing. I'm trying to think of the line. I'm sorry.

00:11:50
Speaker 1: You're looking for the black woman, white man.

00:11:51
Speaker 2: Oh, I can pull it up. Okay, I'm not looking for it, but I was trying to remember it as you were sitting there. Because of all that's going back and forth, and I go, well, maybe not this. Well, who knows? And it's his side, and that's her side, and da, da, da. This was the one thing I heard that I went, okay, maybe she said that.

00:12:07
Speaker 1: Because it reads, right?

00:12:08
Speaker 2: That one for me, it did read a little bit. It fit perfectly with what I know of her, and it fit perfectly with the circumstances, for God's sake. I could see that being upsetting. But you don't say that to your child.

00:12:20
Speaker 1: Yes, and honestly, it's as obvious as we thought it was. This was back three years ago during a dispute over child support money. Barry reportedly told their son, according to court filings, quote, Martinez, your dad, is a white man trying to take money from a black woman. And then she said, how does that make you feel as a black man?

00:12:44
Speaker 2: Okay, that one is okay. I mean, maybe she said that. It's okay. That one is, that's hilarious. Yes.

00:12:52
Speaker 1: I was going to quickly read the very brief statements that both sides gave. Barry's folks said, we are extremely pleased that the court has dissolved the TRO, temporary restraining order. As we move forward, Hallie is determined to continue to focus on the well-being and best interests of her family. Martinez, his attorney's statement just said that his client, having Primary physical custody is a, quote, huge victory, and left it at that. But when we come back, we're going to tell you, and this, I think, is really important to hear, what Halle Berry's daughter, her 18-year-old daughter, Nala Aubrey, wrote to the court on behalf of her mother. Welcome back, everyone, to Amy and TJ. A big, big story that happened on Thursday out of Los Angeles, a story that a lot of outlets have been covering exhaustively. Halle Berry officially, and I should say officially temporarily, lost physical custody of her 13-year-old son, Maceo, who she shares with her ex-husband, Olivia Martinez. He was granted full physical custody. They both still share legal custody, and we should point out it is temporary. The judge has asked, this is exhausting. They've already spent two weeks in court, but they've asked that both parties return to court in November. We don't have an exact date to go forward with a ruling on permanent custody. So this was temporary and there'll be another proceeding sometime next month to determine permanent custody. So there is a lot at stake and we're getting worried about what Halle Berry's daughter, Nala, told the court. And I believe she testified via Zoom, but she also actually physically wrote a document for the judge to consider.

00:14:49
Speaker 2: This is, what is she, she's 17, 18? She's 18 and she's in college. Is she at.

00:14:56
Speaker 1: I think she's at Spelman. Look, Halle Berry had posted, and look, I've noticed, and every celebrity handles their kids differently, but she has always been so respectful about her children's privacy. I don't know what either of her children look like, actually. I mean, most of the time she shows the back of their head or just, you know, she's been, and you've had interviews with her where she has been very, very considerate and conscientious about her fame and what that might mean for her kids. So that's why this custody, this ugly, nasty public custody battle is so contrary to everything she has at least presented to the world.

00:15:37
Speaker 2: And why would anybody want to present this? How hard is it for her to walk out there? What are they yelling at her? She has had the exact same smile on her face as she has to walk in and out of that courtroom every day with that stuff in her face. Look, she knows this game better than anybody. She's been dealing with it for 30, 40 years of her career.

00:16:00
Speaker 1: She's had a lot of tumult in her personal life.

00:16:02
Speaker 2: She gets it, babe. But man, to go through this, this is your kid. She's supposed to be at an age now enjoying all this.

00:16:08
Speaker 1: You know what? You make such a good point. Look, it's one thing she has had multiple relationships and yes, they've been controversial and they've been public and you can start rattling off the names. It's one thing when you're being personally attacked as a, maybe as a spouse or a girlfriend or a fiance, it's another thing to be attacked as a mother. That is the lowest blow. That is the, you know, it's funny, you, anytime we've ever interviewed anyone, I'm imagining you've had the same experience. People can be stoic and strong about anything they're accused of or anything they're trying to defend. But if you bring their kids into it, if you ask, how it's impacting their kids or how they feel about, or if it has anything to do with their role as a parent, waterworks. That's where the emotion is. That's, I think, how we actually, a lot of us judge our worth based on our kids, how they turned out, how they're viewed, how we're viewed as parents.

00:17:04
Speaker 2: How many times have I told you or told anybody listening that story that it was the first question I asked her, the first time I met her, we sat down for the first interview. And she immediately corrected me when I started talking about her accolades. Say, you're known as this, Oscar winner. You're known as this, iconically beautiful. Before I could even get to the next thing, she said, well, I'm a mom. Like, why do you start there? Like, she didn't get nasty, but she immediately, just what you describe, talking about waterworks and talking about the kids. Like, okay, you listed how great I am. What about this thing? She wants that. She knows how hard she works. I've told you, babe, plenty of times, I reached out. She said, let me hit you back. I'm running here to pick up the kids. I'm running here to do this with the kids. It's always that. So this is painful to watch, man.

00:17:54
Speaker 1: It certainly is.

00:17:55
Speaker 2: This is painful to watch.

00:17:57
Speaker 1: I imagine she took a lot of solace in what her daughter had to say about her to the court. I'm going to read some of what she wrote because it really is important, I think, in terms of the context of the story and the headlines. Having lived with my mom my entire life and having personally observed her relationship with Macio for years, the allegations are completely inconsistent with the mom I know. She said that her mom is a loving and devoted parent who has always encouraged both her and her brother to maintain loving relationships with our fathers.

00:18:28
Speaker 2: That's huge.

00:18:29
Speaker 1: She also accused Martinez of being on a quest to destroy my mom. She said she is heartbroken to see Maceo become the subject of a public dispute that he may not fully understand.

00:18:40
Speaker 2: Wow. That was well said. Yep.

00:18:42
Speaker 1: And wait till you hear this next part. Based on my observations throughout Maceo's life, I believe he loves our mom very much and shares a close bond with her. I have seen him hug her, kiss her, tell her he loves her, seek her comfort and enjoy spending time with her. At the same time, I have also witnessed occasions when Maceo has been disrespectful and at times aggressive and unwilling to follow rules at home. When that occurred, my mom responded the same way she did with me when I was growing up, by enforcing appropriate boundaries and consequences, such as limiting screen time, imposing timeouts, or restricting access to electronics and playdates. I never observed anything abusive about her parenting.

00:19:24
Speaker 2: Did she write that herself?

00:19:26
Speaker 1: If she did, look.

00:19:27
Speaker 2: That's crazy impressive.

00:19:29
Speaker 1: Isn't it? And it gave me chills because I think that will resonate with anyone listening who has been a disciplinarian for the sake of wanting their kids to be the best versions of themselves and at the cost of knowing they might be mad at you in that moment, at the cost of knowing they might be upset with the consequence. But that's the whole point of being a parent. You're teaching them that life has consequences and certain choices and in outcomes that you might not like. And that is what our job as a parent is to do. It's not to prepare the road for our kids. but to prepare our kids for the road and life is not fair and life has rules. And I appreciate hearing her daughter say that because it's, we, I don't always, but that is, I think a lot of times what we all want for our kids, but it is hard if you feel like someone is undermining your ability to do that.

00:20:22
Speaker 2: Yeah. I ain't your friend. I think we all agree. Well, most part that is what parenting is supposed to be. And it does get uncomfortable. And sometimes the kid won't like you because you seem to be the enemy. The problem in that, in parenting robes, is when you have an angry ex who can take that discomfort in your relationship with the child and exploit it to improve their own relationship or loyalties with the child. If she was a single mom right now, this would all be going down a little differently.

00:20:53
Speaker 1: Macy, it would be upset with her because she told him he couldn't play his game station, his virtual reality anymore, and had to clean up his room.

00:21:01
Speaker 2: Yeah. Just what the actual real story is, we'll never fully know. It's just we know this is a shame.

00:21:10
Speaker 1: It is a shame.

00:21:11
Speaker 2: Especially for the kid. You got tested for six hours. Which parent I like better? What has happened? Oh, my God. That's awful. Awful, awful, awful. And what is she doing with him now? What is their relationship like now? What kind of back and forth are they having? This kid's 13. He needs his mama. He's in this particular age. She's been there with him his whole life. And all of a sudden, what, they're not talking? That's devastating, man.

00:21:30
Speaker 1: It is devastating.

00:21:32
Speaker 2: Devastating.

00:21:33
Speaker 1: It is devastating, and it's not over. As we pointed out, the judge is still planning on making a permanent decision. Right now, this is, again, temporary. Martinez, listen to this, even wanted to limit her ability to see Maceo on the holidays. The judge did not honor that either. But, I mean, he wants almost no contact, it seems.

00:21:56
Speaker 2: Sounds like a bit much, doesn't it? That sounds like a bit much. That sounds a little more vindictive. That sounds like a lot. Again, but hey, if you're a parent, same thing. We got to give him, maybe he thinks he's being the best parent ever and the best dad because he has to protect the kid, physically protect him. If he thinks that, Jesus, your kid is under physical threat from the only black woman to win a Best Actress Oscar. She is a threat to her own child. That's a big, big, big, big statement.

00:22:27
Speaker 1: Yes, without any physical evidence to back that up. But we will keep watching this story. But I just hope you all can read the headlines and the stories through the lens we just offered and understand that, my God, this is tough to do privately. It's excruciating to do it publicly. And with that, everyone, we always appreciate you listening to us. I'm Amy Robach alongside TJ Holmes. We'll talk to you soon.