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As of October 7, 2026, Halle Berry is asking a Los Angeles court to restore the joint-custody arrangement she and Olivier Martinez agreed to in 2023. The latest reports describe a temporary order changing Berry’s visitation, not a final custody decision; a hearing was scheduled for October 16. Berry’s earlier custody history involving Gabriel Aubry is a separate matter, and the reporting available here does not establish its current status.
What is happening in the case involving Olivier Martinez?
Berry and Martinez share a son, Maceo. According to Global News’s October 7, 2026 report, which attributed details to court filings reported by People and other outlets and said it had not independently viewed the documents, Berry is asking the court to restore the terms of the agreement reached in August 2023. That agreement provided for joint legal and physical custody. Berry is also seeking the return of her previous tie-breaking authority and asking that Martinez attend court-ordered therapy sessions.
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Martinez, meanwhile, has sought sole legal and physical custody and a domestic-violence restraining order. Reports say a judge granted a temporary order on October 1 and changed Berry’s visitation to specified daytime periods while retaining some custody or contact. The Los Angeles Times reported that the judge denied Martinez’s request for sobriety testing until a further hearing; Complex described the request as denied for insufficient information. These are descriptions of interim proceedings, not a final custody ruling.
What are the parents alleging, and what has been established?
Martinez alleged that Berry physically abused Maceo during an incident on September 26, 2026. Berry denied abusing their son and, in a declaration described by Complex, said video evidence directly contradicted Martinez’s account. These are opposing claims in active family-court proceedings; the reports reviewed do not establish a final factual finding about the incident.
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Berry’s attorney, Marina Beck, called the filing “entirely meritless and deliberately misleading.” That is the attorney’s characterization, not a court finding.
What financial terms were reported in the 2023 agreement?
The Los Angeles Times reported in 2026 that the August 2023 divorce terms required Berry to pay Martinez $8,000 per month in child support, plus 4.3% of Berry’s income above $2 million. These are reported terms of their agreement; the underlying financial judgment has not been independently reviewed here.
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Where does the Gabriel Aubry case stand?
Berry and Aubry share a daughter, Nahla. EL PAÍS reported that court documents from 2011 became public in 2019 and described allegations Berry made about Aubry. That reporting does not establish the full custody chronology, the exact orders, or the parents’ current arrangement. The Aubry history should therefore be treated separately from the active Martinez proceedings; the current status of the Aubry matter is not established by the available reporting.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens next?
The latest reports reviewed placed a hearing in the Martinez case on October 16, 2026. Because that date was still in the future as of October 7, its outcome and any later custody decision were not yet known.
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