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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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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
46.

Kristine    

i used to like Halle now I think she is a evil B****.. She should be damn grateful he WANTS to be in the babys life, there are plenty of women out there doing alone without the father being around at all. Just a jerk celebrity throwing around her status....

1240 days ago
47.

Coco    

I hate Halee Berry!!
Never liked her! I'm with boycotting all her movies, perfume Revlon .. Anything she's in it!

1240 days ago
48.

Italia    


Gabriel Aubry wants to be a stay at home dad like Kevin Federline.

Aubry put Halle in between a rock and a hard place by telling Halle that she couldn't take her own daughter with her to New York because Gabriel DIDN'T FEEL LIKE travelling to New York.

I hope Halle gets full legal and sole physical custody, especially since Gabriel is trying to play hard ball with her.

There's no doubt in my mind that all Gabriel really wants is Halle's money.

1240 days ago
49.

clueless    

Reply to #29, I bet the differ...you want to trade places for a reality check?

1240 days ago
50.

FLO    

Once his paternity is acknowledged he can go for joint custody and she can go to hell.

1240 days ago
51.

MEAGAIN    

@53 Yes, I believe his motivation is money. Interesting that many don't see this plainly as he has a penis. How could he possibly be a gold digger? He's a man. Blah blah blah. He had the high life with Halle and now it's slipped through his fingers, he's after that paper. Why? Because so called male supermodels do not make the crazy dough their female counterparts do. He's probably comfortable but not super rich like Halle. In the coming weeks/months it will become more clear what his priority is. $$$$

1240 days ago
52.

CDS    

@56 - Gabriel has more money than Halle does. He's like the male Gisele Bundchen. Remember, Oprah had to pay Halle's legal bills after her latest hit and run.

1240 days ago
53.

TW    

" 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

Posted at 2:32 PM on Feb 16, 2011 by yessir

WRONG! The woman does have the ability to choose not to put the fathers name on the birth certificate on it if she is not married. When the paperwork is filled out at the hospital for the birth certificate the mother gets the final say on ALL information filled out. So, if she crosses out the father or says she does not want that filled out she has that right. Maybe you should know wtf you talk about before you tell someone else to learn ****.

I know this because I am a single mother and because I was breastfeeding I told her to give the forms to the father to fill out. She handed me the forms for MY FINAL SAY and asked me if everything on the form was to my liking including if i wanted the fathers name on there. She said at any time before the paperwork was sent I wanted to remove or change ANYTHING including paternity I could. So yeah stfu trying to be a know it all.

1240 days ago
54.

Davey Boy    

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.

Posted at 2:43 PM on Feb 16, 2011 by Kimbim
---------------------------------------------------

What kind of a nimrod are you? Gabriel is a highly sought after male model. (not that there's anything wrong with that).

The dude doesn't need Halle Berry's money. Holy crap. Get a freakin' clue!

1240 days ago
55.

Davey Boy    

How does a man whom "Helly" Berry cite as "a great father", NOT show up on the birth certificate?

Would be interested (if true) how -that- whole thing transpired.

1240 days ago
56.

TW    

AND she can put his name on there if he is or is not there. It just needs his signature. If his signature is NOT on there then he can petition or have his name removed. There are women who have given birth and the father is DEAD or active duty out of the country and their names are STILL put on the certificate.

I can put my child's father has Han Solo with NO signature from the father and it will be there.

1240 days ago
57.

Davey Boy    

Yes, I believe his motivation is money. Interesting that many don't see this plainly as he has a penis. How could he possibly be a gold digger? He's a man. Blah blah blah. He had the high life with Halle and now it's slipped through his fingers, he's after that paper. Why? Because so called male supermodels do not make the crazy dough their female counterparts do. He's probably comfortable but not super rich like Halle. In the coming weeks/months it will become more clear what his priority is. $$$$

Posted at 3:42 PM on Feb 16, 2011 by MEAGAIN
----------------------------------------------------------

You ignorant "Helly" Berry supporters are way too ignorant of the facts to EVEN have a rational conversation with. Go to the Lindsay Lohan posts and continue to claim how innocent she is of grand theft.

Sigh...

1240 days ago
58.

what    

i am confused.
does he not travel for his work. Why is he blocking her from working. the child isn't in school yet. WHY IS OK FOR A MAN TO TRAVEL FOR HIS WORK BUT A WOMEN HAS TO STAY PUT. save it. he could have petition for his child to stay with him while she work. WHY DOES HE HAVE TO CONTROL WHAT HALLE IS DOING. oh that right she moved on from him so his mad.

1240 days ago
59.

Demi    

HALLE BERRY IS A FRAUD

1240 days ago
60.

skhg    

I'll make it a point not to watch anymore of her movies although, I think the judge made the right decision. I believe Halle has offered to pay all expenses for him(Gabriel)to come with her, which is fair. It's that chip on her shoulder, and claims that her & her daughter are 100% black, that I disagree with. Sounds like she's trying to stir up a big controversy. I really had no idea she was so hateful.

1240 days ago
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