Martinez Observed Smoking Amid Contentious Berry Custody Hearing

What Happened

On Monday, October 20, 2026, Olivier Martinez was observed smoking outside a Los Angeles County Superior Court building amidst his ongoing custody dispute with ex-wife Halle Berry. The former couple's 13-year-old son, Maceo, provided sealed testimony to the court that day, prompting the judge to order both parents out of the room. Martinez, 60, was photographed wearing shades and displaying a different demeanor than Berry, 60, who was seen entering and exiting the courthouse hand-in-hand with her boyfriend, Van Hunt, appearing to be in good spirits. The following day, Tuesday, October 21, Martinez reportedly exited the courtroom looking agitated and distressed alongside his lawyer, Patrick Baghdaserians, during closed testimony related to a domestic violence restraining order hearing. He was heard using profanity during a discussion with his attorney before briefly leaving the area.

Berry also took the stand on Tuesday. Jon Hay, a staff member from Maceo's school, was scheduled to testify in closed court, having previously raised concerns about Maceo's behavior. The court proceedings are part of a legal battle initiated by Martinez, who filed for a temporary restraining order against Berry and sought sole custody of Maceo earlier this month. Martinez accused Berry of attacking and choking their son during an argument over a VR game. Berry's 18-year-old daughter, Nahla Aubry, is expected to testify later this week, having previously submitted a declaration denying her mother's alleged abuse.

What the Evidence Establishes

Evidence establishes that Olivier Martinez and Halle Berry are engaged in a contentious legal battle over the custody of their 13-year-old son, Maceo. Court proceedings took place on Monday, October 20, and Tuesday, October 21, 2026, at the Los Angeles County Superior Court. During these proceedings, Maceo provided sealed testimony, necessitating the removal of both parents from the courtroom. Martinez was observed smoking outside the courthouse on Monday and reportedly exhibited visible agitation on Tuesday, including using profanity during a discussion with his attorney, Patrick Baghdaserians, as reported by Page Six. Conversely, Halle Berry maintained a composed and positive demeanor, being seen with her boyfriend, Van Hunt, and taking the stand on Tuesday.

The core of the dispute centers on Martinez's allegations that Berry attacked and choked Maceo during an argument over a VR game, leading him to file for a temporary restraining order and seek sole custody. Berry, through her attorney Marina Beck, has vigorously denied these claims, labeling them as "entirely meritless and deliberately misleading." Further, Berry's 18-year-old daughter, Nahla Aubry, has provided a court declaration stating she has "never seen my mom hit, slap, choke, grab, or physically abuse Maceo in any way." A school staff member, Jon Hay, who previously raised concerns about Maceo's behavior, was also scheduled to testify, indicating broader concerns surrounding the child's well-being.

Where the Accounts Conflict

The primary sources, TMZ and Page Six, largely corroborate the factual timeline of the court proceedings but diverge in their emphasis and specific observations of the parties' demeanors. TMZ's reporting on Monday, October 20, highlighted Olivier Martinez "lighting up to take the edge off" and Halle Berry appearing "all smiles" and "happy heading into court" with Van Hunt. This framing suggests a contrast in emotional states, with Berry seemingly unaffected by the gravity of the situation.

Page Six, reporting on Tuesday, October 21, focused more intensely on Martinez's visible distress, stating he "stormed out of court" and "could be heard using profanity" during a discussion with his lawyer, Patrick Baghdaserians. While TMZ noted Martinez's different expression compared to Berry, Page Six provided a more detailed account of his agitated behavior inside and immediately outside the courtroom. Neither source directly contradicts the other's factual claims regarding court attendance or testimony, but their selective reporting and descriptive language create slightly different impressions of the emotional climate surrounding the high-stakes custody hearing. TMZ's account of Monday's events did not include the detail of Martinez's later agitation on Tuesday, which Page Six exclusively reported.

Context and Stakes

The custody battle between Halle Berry and Olivier Martinez, who married in 2013 and separated two years later, carries significant personal and legal stakes for their 13-year-old son, Maceo. Martinez's accusation that Berry attacked and choked Maceo during an argument over a VR game is a serious allegation that, if substantiated, could drastically alter Berry's parental rights and public image. The judge's decision to grant Martinez a temporary restraining order against Berry, which limited her contact with Maceo, underscores the court's initial concern regarding the allegations, even if temporary.

Berry's vigorous denial of the claims, coupled with her daughter Nahla Aubry's supportive declaration, indicates a strong defense against the accusations. The involvement of Maceo's school staff member, Jon Hay, and the sealed testimony of Maceo himself, highlight the court's focus on the child's welfare and direct input. The outcome of this hearing will determine not only the custody arrangement for Maceo but also potentially impact the reputations and future legal standing of both Berry and Martinez. The public nature of the dispute, amplified by celebrity news outlets, adds another layer of pressure and scrutiny to the proceedings, making the resolution critical for all parties involved.

What to Watch Next

The immediate focus will be on the continuation of testimony in the Los Angeles County Superior Court. Olivier Martinez is scheduled to testify, and his account will be crucial in either substantiating or weakening the claims he made against Halle Berry. The content and demeanor of his testimony, particularly under cross-examination, will be closely scrutinized. Additionally, Halle Berry's 18-year-old daughter, Nahla Aubry, is set to testify later this week. Her testimony, especially given her prior court declaration defending her mother, will be a significant factor in the court's assessment of the domestic violence allegations.

Beyond the testimonies, observers should watch for any further rulings from the judge regarding the temporary restraining order and the broader custody arrangement. The judge's decision on whether to make the restraining order permanent or to restore the previous custody agreement will be a pivotal moment. Any public statements from legal representatives of either party following key testimonies or rulings will also provide insight into their strategies and the perceived strength of their cases. The court's ultimate determination will hinge on the credibility of the witnesses and the weight of the evidence presented concerning Maceo's well-being and the alleged incident.

Bottom Line

The custody battle between Halle Berry and Olivier Martinez remains highly contentious, with serious allegations of domestic violence at its core. Recent court appearances have seen both parents present, with their 13-year-old son Maceo providing sealed testimony. Martinez has accused Berry of physical abuse, leading to a temporary restraining order, while Berry vehemently denies the claims, supported by her elder daughter's declaration. The court is actively gathering evidence, including testimony from school staff and family members, to determine the validity of the allegations and establish a permanent custody arrangement that prioritizes Maceo's welfare.

The proceedings are ongoing, with key testimonies from Martinez and Berry's daughter, Nahla Aubry, expected in the coming days. The judge's final decision will have profound implications for the family, potentially altering parental rights and impacting the public perception of both celebrities. The legal process is focused on discerning facts from conflicting accounts to ensure the child's safety and stability, with the outcome hinging on the court's evaluation of the presented evidence and witness credibility.