Los Angeles Superior Court Judge Shelley Kaufman ruled Thursday that Olivier Martinez will retain primary physical custody of the former couple's 13-year-old son, Maceo, while dissolving the temporary restraining order Martinez had obtained against Halle Berry in October.
The decision, reported by TMZ, Daily Mail and Page Six, leaves the actors with joint legal custody. Berry's representative told the outlets she also holds the tiebreaking vote when the parents cannot agree.
Kaufman denied Martinez's request for a permanent domestic violence restraining order and lifted the temporary restrictions that had been in place since October 1. The judge also ruled Berry may no longer have overnight visits with Maceo, but rejected Martinez's bid to limit her holiday custody.
Martinez, 60, had accused Berry, also 60, of choking Maceo during a September 26 altercation and sought sole physical and legal custody. Berry denied the allegations and argued Martinez had interfered with their son's therapeutic and educational needs.
Maceo testified for nearly four hours in a sealed hearing on October 19, the first day of the nine-day proceeding. Both parents testified, as did Berry's adult daughter Nahla Aubry and her fiancé, musician Van Hunt.
"We are extremely pleased that the Court has dissolved the TRO," Berry's attorney Marina Beck told Page Six. "Halle is determined to keep focusing on her family's well-being. She puts their best interests first."
Martinez's attorney Patrick Baghdaserians called the primary custody ruling a "huge victory" after the judge heard evidence about how both parents care for Maceo, according to TMZ.
Kaufman said she will revisit custody issues in November, setting up another court appearance next week.