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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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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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61.

wow    

Good decision.
Men for the most part, are selfish. Men will get up and go and do what the hell they want, when they want. My co-worker is working and taking care of her children in the middle of winter while the father of her children is off golfing and touring on holiday in Phoenix.
Gabriel knew the demands of Halle's work. He can't come in and interfere with her career when it suits him. If the child is away he will just have to deal with it. That's what happens when you're not married to the mother. You're a part time dad. He should get on a plane or stuff it.
I'm not against him getting joint custody but I'm beginning to wonder about his real motivation.

1239 days ago
62.

Jenn    

Can't stand her, I just feel like she used him to inseminate her and now she's pissed off that he actually wants to raise his child. I hope he at least gets half/partial custody.

1239 days ago
63.

MsSuburbia    

"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"
-------------
yessir--so hostile. She could have included his name on the birth certificate by voluntary declaration of paternity which, FIRST, requires HER signed declaration. Further, here is an alternative (from someone who should "learn the law"): Family Code §§ 760...1; 7611 "Legal Definition of Father: He receives the child into his home and openly holds out the child as his natural child." There is more in Family Code § 7574, if you want to learn, yourself. You're . . . welcome?

1239 days ago
64.

MsSuburbia    

Jenn, you're right. HB said it all in an email to GA: "You were only good for one thing. Thanks for the donation."

1239 days ago
65.

growup    

Aubry is CLEARLY taking the high road here-- refusing comment, choosing to go the private route with paternity action while Halle the racist makes wild accusations in public. I feel sad that she is trying to prevent a father/daughter relationship because of some misguided anger or jealousy.

Where are the father's rights in this case that she's allowed to take their daughter out-of-state for so long?!

1239 days ago
66.

Frances    

No surprise here. Halle has the money to fight this case. Hang in there Aubry. Halle blames all of her past loves. It is never her fault. GROW UP HALLE.

1239 days ago
67.

foxxy    

It is Halle with her fake a_)* , always making the man look bad.
Remember how she said Justice hit her in the air?
She should have married dude and then had the baby. No, she did the opposite, so now deal with it

1239 days ago
68.

wendy    

Halle,
I used Neal, he is a total jerk. He may have done well for you today BUT, trust me he wants your money and will drag this out as long as he can so he can buy MORE polka dot ties. He not only did nothing for me all he did was drag it out so he could collect! He is a real ass get yourself a better attorney that will fight for you and your daughter and not his own wallet!!

1239 days ago
69.

hello    

Halle is acting like a selfish bitch. Gabriel was good enough when she was sleeping with him, but now she is doing nothing but putting him down. Seems like she used him for a sperm donation and then it was bye-bye sucker. He is not the one running to the media every other day to bad mouth her. Halle has the nerve to run to the media to voice her displeasure about him saying what race the child is. Halle needs to grow up and get a clue. Who cares what race she is? Halle is a racist and seems to forget that her mother is white. Gabriel is white. So therefore, her child is biracial.

1239 days ago
70.

Coco    

my guess is Helle berry purposely didn't want to have a babies with her black husbands and black boyfriends. She wanted a white daddy for her baby and she got Gabriel as her stud...who's the racist here? She only waves her blackness around when it's convenient for her!
Evil Hell-eee!

Team Nahla!
She should be with her dad 70% of the her time .. Poor little girl! her mother's hate will only tarnish her innocence later!

1239 days ago
71.

JD    

I don't think you people are really, as naive as you are pretending.

If she left her with him, he would keep her. I respect her for wanting her child to be where she is. He is mean, money hungry and vindictive.

He timed the custody case so that she would not be able to do the movie. That's income that could go towards his daughter's future. He needs to go to work and stop trying to use his child to get money from Halle, in the form of child support.

BTW Halle's taking her daughter with her is no different from the average rich actress. Ask Katy, Angelina etc. and chill, your color is showing.

1239 days ago
72.

angelicaenger    

She in one of the most beautiful women in the world full stop. Why do we have to refer to her as one of the most beautiful black women in the world? We don't call Megan Fox a beautiful white woman,

Best Wrinkle Cream

1239 days ago
73.

Bippie3    

I saw Nahla's birth certificate online and Gabriel Aubry is named as the father and Nahla's last name is Aubry.

1239 days ago
74.

leslie    

LET ME GET THIS STRAIGHT HALLE HAS A BLACK FATHER, BUT NOT IN LIFE, MOTHER I WHITE SHE RAISED HALLE TOOK CARE OF HER AS A MOTHER SHOULD. SO HALLE IS BIRACIAL. HER MOTHER MUST BE SURPRISED BECAUSE SHE IS WHITE AND NOW LEARNS HER DAUGHTER CHILD IS BLACK. THE BABY'S FATHER IS WHITE SO THE BABY TOO HAS A WHITE GRANDMOTHER,A WHITE FATHER AND HIS PARENT ARE WHITE. HALLE IS HALF WHITE HOW CAN HER CHILD BE BLACK? AS FOR COURT HEARINGS USELESS NORMALLY LOOK AT MOMMA HALLE, TO SEE WHAT SHE PULLS NEXT CRAZY!!!!

1239 days ago
75.

leslie    

LET ME GET THIS STRAIGHT HALLE HAS A BLACK FATHER, BUT NOT IN LIFE, MOTHER I WHITE SHE RAISED HALLE TOOK CARE OF HER AS A MOTHER SHOULD. SO HALLE IS BIRACIAL. HER MOTHER MUST BE SURPRISED BECAUSE SHE IS WHITE AND NOW LEARNS HER DAUGHTER CHILD IS BLACK. THE BABY'S FATHER IS WHITE SO THE BABY TOO HAS A WHITE GRANDMOTHER,A WHITE FATHER AND HIS PARENT ARE WHITE. HALLE IS HALF WHITE HOW CAN HER CHILD BE BLACK? AS FOR COURT HEARINGS USELESS NORMALLY LOOK AT MOMMA HALLE, TO SEE WHAT SHE PULLS NEXT CRAZY!!!!

1239 days ago
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