Martinez's Sworn Statement Haunts Him on Cross-Examination in Berry Case

Four consecutive days into one of Hollywood's more closely watched custody disputes, the Los Angeles Superior Court proceedings involving Halle Berry and Olivier Martinez took a legally consequential turn Thursday when a past sworn statement was used to challenge the French actor's credibility on the witness stand.

A Declaration Under Oath Becomes a Focal Point

Berry's attorney, Marina Beck, zeroed in during cross-examination on a declaration Martinez had signed under penalty of perjury on September 30, 2024 — a document in which he explicitly stated there was no history of domestic violence between himself and Berry. The tension in that moment was cinematic in its own way: a signed admission placed against a set of current claims that allege the opposite. Martinez, 60, confirmed the signature was his, even as he maintained his present allegations against the Monster's Ball actress, also 60, which he says stretch back roughly a decade and include an incident as recently as 2023 involving statements made to their 13-year-old son, Maceo.

Martinez's attorney, Patrick Baghdaserians, offered context to Page Six, clarifying that the September declaration was submitted in connection with a financial request — specifically, a need-based attorneys' fees application — and was not intended to address the custody dispute or characterize the full history of the couple's relationship. "There was no conviction of domestic violence at the time so his statement is correct," Baghdaserians explained, adding that no restraining order had ever been requested or entered at that point. The distinction is legally meaningful, even if it leaves open questions about how dramatically the factual picture has apparently shifted in the months since.

The Choking Allegation and a Teenager's Testimony

The most serious claim at the center of this hearing involves an alleged altercation on September 26 at Berry's home, during which Martinez contends she choked their son Maceo. He further alleges that Maceo reached out to him afterward via text messages pleading to be picked up quietly — filings that include those messages as supporting documentation. Earlier this week, Maceo spent nearly four hours on the witness stand, an emotionally charged development in what has already been an unusually fraught proceeding.

A judge responded to Martinez's initial filings by granting a temporary domestic violence restraining order, awarding him primary custody of Maceo and limiting Berry's time with her son while the hearing continues. For context on how the legal landscape has shifted for Berry, the situation is addressed in more depth in the coverage of Halle Berry losing primary custody of Maceo amid the choking allegations.

Berry testified Thursday as well, though a portion of that session was conducted in a closed courtroom, with the public and press cleared as questioning turned to confidential matters concerning Maceo.

Berry's Counter-Position and Family Support

Through Beck, Berry has rejected Martinez's allegations as "entirely meritless and deliberately misleading." Her legal filings accuse Martinez of interfering with Maceo's education and mental health care, as well as drawing the teenager into adult legal conflicts in ways her team argues are harmful. Berry is seeking sole legal custody, which would centralize her authority over Maceo's schooling, medical treatment, and psychological care, while also asking the court to restore the 50-50 physical custody arrangement the former couple agreed upon in their August 2023 settlement.

Support from within the family has been notable. Berry's 18-year-old daughter, Nahla Aubry — from a prior relationship — submitted a court declaration asserting she had never witnessed her mother abuse Maceo. Nahla's defense of her mother adds a personal dimension to what are otherwise largely contested legal arguments.

A Long Road to This Courtroom

The history between Berry and Martinez spans more than a decade of marriage, separation, and protracted legal proceedings. They wed in July 2013, welcomed Maceo that same year, and separated in October 2015. Their divorce dragged on for years before the 2023 settlement established joint custody and a child support arrangement of $8,000 per month from Berry to Martinez. That the case has arrived at this point — with a temporary restraining order, dueling abuse narratives, and a child on the witness stand — underscores how fragile those agreements ultimately proved to be.