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Halle Berry

Wins Latest Round

in Custody War

2/16/2011 6:04 PM PST BY TMZ STAFF

Halle Berry just emerged from court victorious in her custody battle with Gabriel Aubry ... TMZ has learned ... because a judge just gave her the green light to go across country with her toddler to shoot a movie.

Halle Berry Court Case
Sources tell TMZ ... Gabriel was trying to block Halle from going to NYC to shoot "New Year's Eve" -- the movie from which she withdrew in order to deal with her custody issues over Nahla.

After hearing arguments this morning from both sides -- as Halle looked on -- the judge gave her the green light to travel to New York with her kid.  We've learned she won't take back the role that was given to Katherine Heigl, but she'll play another character in the movie.

Halle's lawyer, Neal Hersh, tells TMZ, "We are pleased the judge took the time to deal with this very imminent and important issue.  The judge read a great deal of paperwork and gave us time to argue." 

Hersh added, "Halle is very pleased with the judge's order."

We're told Halle is going to NYC soon, but not this week.

As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.  Paternity cases are not open to the public.

Bottom line ... it's a bitter dispute, but Halle won this battle.


Halle Berry

99 COMMENTS

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16.

Hey Now    

MightyMad,

They both are in the entertainment industry. In their work they have to travel. Her work calls her to be in New York. Are you saying that she should not be able to work? Gabe can catch a flight to New York right?

I guess what I'm saying is -- they are both entertainers and in order to work you have to accommodate their schedules. Maybe because Halle makes more and is the primary source of income - the judge didn't want to say "oh no - the daughter can't go when you are working." You know what I mean? I don't have anything against Gabe - Obviously (yes, obviously) I don't know him. But this particular ruling doesn't seem like its out of line in any way.

You can't keep Halle Berry in 1 location at all times. The same can be said for Gabe but more for Halle since her movie roles and other work responsibilities require more travel.

1343 days ago
17.

MsSuburbia    

Oh man, I really don't want to be this interested in this case . . . too late. So HB was clever enough to not list GA as Father on Nahla's birth certificate? That's why she "won" this very minor battle today? Oh course she "won"; GA should not have bothered to fight this one because the child's status quo is primarily with her mother and mother is "bettering Child's cir***stances" by taking the job in NY. But I see: HB's publicly trashing him and blowing this very minor victory out of proportion, to lay the foundation for what's to come: more parental alienation and false allegations. She's disgusting. I hope it's the last "win" she pulls out against this poor child's best interest.

1343 days ago
18.

MsSuburbia    

I'm sure that GA's fear is the potential that HB will "venue shop" for a better jurisdiction to hear the case, before he has even established paternity. Leaving the state with the child is the first step . . .

1343 days ago
19.

RODOLFO    

***Couldn’t tell you what movie or TV program she has appeared on. Definitely not going to see anything she makes.***

1343 days ago
20.

dd    

HA HA HA good for you Halle!

1343 days ago
21.

John    

Halle is the racist here. She is now officially on my sh*t list.

1343 days ago
22.

kayla    

One can be sure of one thing, When all is done Halle will be finished as an actress and a mother. This court drama is going to display her real character and it's not going to be sooo pretty. Halle thinks she's won over Gabriel, just wait and see - the judge isn't stupid, give her enough rope and she will eventually hang herself!

1343 days ago
23.

Italia    


Gabriel Aubry is acting like a desperate s*** bucket who's trying to get money from Halle.

He knew or should have known that Halle Berry wasn't ever going to give up her baby, so he has to be financially motivated, basically trying to force Halle Berry to buy her own baby.

1343 days ago
24.

DaGreatCoolRay    

Why are they trying to determine paternity? Are they unsure, did he just find out something different?

1343 days ago
25.

John    

One can be sure of one thing, When all is done Halle will be finished as an actress and a mother...snip

Posted at 2:04 PM on Feb 16, 2011 by kayla

Actually Kayla, in the USA if you are a woman AND black (halle is not black) you have more rights than anyone else. She will continue to have a great career because the blacks will be all over this.

Racism is alive and well but only if you're white. If you're non-white, the powers that be don't see it as racism.

1343 days ago
26.

Lisa    

Can't stand Halle. She is a racist and a selfish bitch. Only cares about herself. I will not watch anything she is in or buy any products she is the spokeswoman for. There aren't too many celebs that I feel this way about, but Halle is one of them. Can't stand to even look at her face.

1343 days ago
27.

MH    

You people are commenting like you know all the facts. Stop worrying about other peoples lives. For all we know the stories could be planted by the media like they normally do.

1343 days ago
28.

Observation    

Go back over the last 10-15 years & you'll see that Halle ALWAYS claims abuse at the end of every relationship. I think she's going to keep this hateful behavior up for years, with no thought as to the damage it does to her daughter. If I were the guy she's dating, I'd cut & run now.

1343 days ago
29.

Bippy    

To hell with him - anyone that calls Halle (using the N-WORD) should meet up with some of those drug cartel guys from Mexico!!

1343 days ago
30.

what    

of course she won that round....GA isn't on the birth certificate which means he has no say in seeing THEIR baby and thats why hes filing paternity. what a bitch

1343 days ago
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