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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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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

No Avatar
31.

yessir    

" So HB was clever enough to not list GA as Father on Nahla's birth certificate?"

A woman does not have the ability to put a man she is not married to on her child's birth certificate. Only he can do that. Please learn the law before you start making statements. Thanks

1282 days ago
32.

A    

Reply to #29, I beg the differ...I trade places with you for one day for a reality check...

1282 days ago
33.

A    

Reply to #29

Boy! Would I like to trade places with you....

1282 days ago
34.

cpg    

She been overrated far to long-She came at a good time-the industry needed a black women to promote-she was there, not ugly and they got the right PR, scripts and the rest is history-
PC was and still in high gear in regards to her..
Why a judge would allow a child leave his father is something again. Same story over and over-in court the women wins more often then not --in this case H B--the judge was in awe-she has never shown motherhood characteristics -to busy dating and flying from here to there.

1282 days ago
35.

Bippy    

What is it with women like Halle - Britney & etc that when their legs go up in the air? That action works like a light switch - legs down brains ON - legs up brains OFF - must be a spinal apparatus there that does it - whatta ya think??

1282 days ago
36.

Jade    

!!!Congrats Halle!!!

1282 days ago
37.

Kimbim    

Notice all the hate is still directed at Halle and not that gold-digging sperm donor...he only cares about how much money "he's" going to get(child support) not his "daughter" you would have to be low-down and dirty to treat the mother of your child with such disrespect.

1282 days ago
38.

REALbarbwire7    

Wow! Who woulda thunk it? He pulled his custody request? Sounds like he was just trying to give her grief and cause trouble. I really thought it was the other way around. Oops. We didn't want to think Halle was all that great. Maybe she isn't. But he is a slacker and a racist, so there you have it. Probably struggling being with a famous, popular, beautiful star, and trying to ignore her color. The baby was probably not in "his" plan.

1282 days ago
39.

bankerchick41    

Good grief, I can't believe all the negative comments. So you're all so sure that she's the bad guy. Good grief. Whatever happens, I hope that the judge is more open minded....

1282 days ago
40.

patty    

Everyone just needs to BOYCOTT this dumbass who was desperate for a kid, made this guy out to be Mr. Wonderful and now he's an awful father. She doesn't know if she's black, white, or mixed.

Forget going to film the movie Halle, everyone is sick of YOU!!!

BOYCOTT her movies, perfume, make-up, magazine covers, etc.....

1282 days ago
41.

Dave    

Good luck to him he'll need it.
The family court system is a gynocracy.

1282 days ago
42.

Polly    

If I remember correctly, he isn't on the birth certificate, and he originally went to court to preserve his parental rights, correct? That's when this whole thing blew up. Of course he didn't win -- until he is on the birth certificate he doesn't have much of a chance even if Halle is crazy.

1282 days ago
43.

CDS    

Gabriel Aubry LIVES in New York. Why would it be an issue for Halle to take the kid there?

1282 days ago
44.

MEAGAIN    

@15 He's an international male model and should be able to afford to make trips to see his daughter. Funny how there didn't seem an issue with Halle filming away when they were together. He's just going to have to make a little bit more of an effort. No doubt Halle will have to part with some money to ease his discomfort.

1282 days ago
45.

Ty    

Bad judge, letting the kid be around Katherine Heigl.

1282 days ago
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