Exclusive: Expert Analyzes Halle Berry’s Custody Case After Recent Ruling

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Halle Berry

Halle Berry has been embroiled in a custody dispute with her ex-husband Olivier Martinez over their 13-year-old son since October 1, when Olivier filed a request for primary custody. On October 29, a court temporarily granted his request following a hearing on October 19 at which their son privately testified.

The exes will return to court at some point in November 2026 to review the arrangement.

Attorney Frank L. Perrone, Jr.,  the co-chair of the matrimonial and family law department at Tarter Krinsky & Drogin in NYC, is weighing in with his analysis after this recent development. With 18 years of family law experience, he has handled many high profile cases involving high net worth individuals and celebrities, including custody disputes. He spoke exclusively with EntertainmentNow and broke down the details of the recent ruling.

Attorney Frank Perrone Reacts After Halle Berry’s Ex-Husband Temporarily Receives Primary Custody

“In any custody dispute, the court’s guiding standard is the best interests of the child,” Perrone tells EntertainmentNow.

“Based on public reports, the court declined to issue a longer-term domestic violence restraining order against Ms. Berry and dissolved the temporary order. That is significant. Under California law, a finding of domestic violence can carry serious consequences for custody, and the court did not make one here.”

Perrone also tells us, “At the same time, the court left the temporary parenting arrangement in place. It is important to distinguish between the two components of custody. Legal custody concerns who makes major decisions about a child’s education, health care, and welfare. Physical custody concerns where the child lives and how parenting time is divided. The parents reportedly continue to share joint legal custody, so Ms. Berry retains a role in major decisions about their son.”

He continues, “The physical schedule is where the arrangement departs from the parents’ prior 50/50 agreement. That schedule was modified on a temporary basis earlier this month, when the restraining order was first issued. This week, the court dissolved the restraining order itself but declined to restore the prior schedule, so for now Mr. Martinez continues to have primary physical custody and Ms. Berry has substantial daytime parenting time but no overnights. The court also reportedly declined to restrict her time with their son over the holidays.”

Summing up his final impressions, Perrone says, “When serious allegations involving a child are raised, it is common for a court to keep interim arrangements in place while the matter is fully heard. Temporary orders of this kind are not a finding that abuse occurred, and they are not necessarily a preview of the final outcome. The court is expected to revisit custody in November, and the final determination will rest on the full record before it.”

Frank Perrone Previously Analyzed Halle’s Custody Case Prior to the October 29 Ruling

When we first spoke to Perrone about the case, he told us one thing that stands out to him, which is common in divorce and custody proceedings, is the length of time the case has dragged on. He pointed out that 8 years of litigation have resulted from the ex-couple’s 2-years of marriage.

In 2024, Halle sought sole control over her son’s education and health decisions, and accused Olivier of not cooperating with coparenting Zoom meetings.

“You would love to see them be able to cooperate and get along for the child, but whatever happened, it’s a war,” he observed.

Perrone said his sympathies are with any child who has to testify in a custody case, describing it as an “awful” situation to be in. In his own practice, he tries to avoid the need, but there are certain situations where it has to happen.

Perrone Calls Online Publication of a Private Photo of Halle’s Son in His Bedroom ‘Unfortunate’

Perrone also shared his thoughts on the fact that TMZ published a photo of Halle and Olivier’s son standing in his bedroom wearing the VR goggles that were brought up several times in the parties’ filings. The outlet seems to have obtained the photo via a public records request after it was included in Olivier’s filings.

The expert said it was “very unfortunate that the photo has been made public,” calling it “awful to have that out there for all to see.” He also emphasized an important distinction: the substance of the child’s actual testimony was never made public. The testimony was sealed, reporters were not permitted to be present, and no news outlet obtained its contents.

Perrone remarked “it’s hard enough to be a teenager these days,” and that being involved in a custody proceeding can be extraordinarily difficult for any child. “When the family is high-profile and the case attracts public attention, that makes an already difficult situation even more challenging.”

He reiterated that he finds it “very unfortunate” to see “this dispute and these pictures plastered all over the media.” Although he recognizes the public interest in the case, he said that interest must be balanced against the need to protect the child.

Expert Explains Financial Implications of the Child Support Issue

On the issue of child support, Perrone noted that in California, the amount of child support a parent has to pay is tied to the amount of parenting time each parent has with the child, making custody time a “major” financial factor.

A 50/50 custody division was how the original 2023 divorce judgment was decided, in which Halle was ordered to pay Olivier $8,000 a month plus a share of any income above $2 million. If Olivier is awarded more custody time than Halle in a new judgment, he will be able to make a claim for additional support.

He noted that from Halle’s perspective, Olivier’s legal moves look like a “play to increase support,” noting that she’s implied her ex is willfully unemployed and has been living off of support she pays for their child.

Perrone Addressed How Testimony of Halle’s 18-Year-Old Daughter Nahla Could Affect the Case

Halle’s 18-year-old daughter Nahla testified in her favor at the October 19 hearing after previously submitting a statement in support of her mom.

Perrone explained that judges have “great discretion” when evaluating evidence in custody cases, both in deciding what evidence to consider and how much weight to give it in determining the child’s best interests.

He predicted that while Nahla’s testimony could be a factor, the most important would probably be the four hours of testimony from Halle and Olivier’s son.

“A key factor will likely be the judge’s assessment of the credibility of the child’s testimony. The substance of that testimony, together with the weight and credibility the judge assigns to it, could play a significant role in the court’s ultimate determination,” Perrone explained.