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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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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
76.

Sincerity    

79.

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

Posted at 9:14 PM on Feb 16, 2011 by Bippie3

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77.

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.

Posted at 8:14 PM on Feb 16, 2011 by JD

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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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

****************************************************************

Assuming that Gabriel Aubry's name is "actually on Nahla's birth certificate", why is it necessary for him to file a "paternity" action??? I suspect that he's only doing it to "SAVE FACE" because his scheme "BACKFIRED". He was probably counting on Halle Berry cutting him a "SUBSTANTIAL CHECK" in exchange for the withdrawal of his legal action, but instead she "CALLED HIS BLUFF". He wants to remove his public petition because he's afraid of more embarrassing revelations about his past coming to the forefront. More than likely, Neal Hersh has his "feelers" out and will leave "no stone" unturned regarding Gabriel Aubry's life from "birth to the present". Such information may deter many "high profile" ladies from entertaining him as a "steady" companion.

1252 days ago
77.

Shanae    

Gabriel knew from day one all Halle wanted was a baby out the deal. Everybody else knew that too. Now Gabriel wants to play daddy.

1252 days ago
78.

grapa    

So funny because it is being reported they are trying to work things out. And it was an agreement they both have come to. It is so obvious you guys are spinning it. Hoping to get hits. Bunch of low life losers at TMZ

1251 days ago
79.

Prettybaby    

Aubrey is another Jon Gosselin deadbeat dad with no job, using the kids as a pawn. I'm sure he didn't give a flip where they were at any other time, as long as he didn't have to lift a finger. Now, all of a sudden, he's interested? Not buying it. She offered to set him up and pay for everything so he could see his kids and have a mini vacay with them and he refused. He's a spiteful broke@$$ piece of crap.

1251 days ago
80.

Feminist Letty    

All of you that are against Halle **** you and Gabriel is a broke starving model tryng to get custody for child support because that is the only way you will ever be able to get child support. What kind of man takes a women to court for child support; i will tell you what kind a low down dirty s*** bag racist

1251 days ago
81.

Private321    

Why do any of you care what happens to this child. Take care of your own kids.. You do not know what went on between this couple. Get a life, if she sucks don't ready the article. Always some racist ranting or something about racist any time its a black person involved. Get a grip and mind your own business.

1251 days ago
82.

A mama    

It's a damn week!! Why couldn't she leave THEIR baby with HER father. Shame on her. I'm sick of woman who have men in their childrens live that actually want to be a good father and act like they are the ONLY parent in the kids life. I had a eat beat Dad and for eternally would want one who was there. I found a real man who is their for me and my kids. Get over yourself Halle. Your child has TWO parents who care. BE THANKFUL!

1251 days ago
83.

tam    

She calls him a racist but she says her daughter is black.. Last time I checked the childs father was white so they makes the child mix raced. I will never watch anything Halle is in again! She is so full of ****!

1251 days ago
84.

Dexter    

Can't believe everyone's hating on Halle. I love her, she's a good actress. Unfortunately she made a wrong pick on a partner and now it's biting her. He needs to move on and Get A Job! There's a novel idea. It's not about being a good dad he's trying to continue to control Halle even though the relationship is over and using their child to facilitate his nonsense.

1251 days ago
85.

beans    

@ 60 Hans Solo...best remark of all comments. LMAO!

1251 days ago
86.

#1&Only Tae    

some of the crap I read on hear is CRAZY....Makes me wonder if kids are on this site typingg in stupid comments. Its her baby if she wants to take her child with her she can....Its her freaking baby!!! Men are such ass holes just because a woman dont want you anymore doesn't give you a right to try to take her kids and get her money....REALLY!! Get a Damn Job.... Who Cares Anyway. Halle is not gonna stop making movies or money because a couple of idoits decide not to watch her movies....

1251 days ago
87.

MG    

Yeah Halle!!!! Stay strong girl!!!! Let the haters hate, that's there job. If you feel weak, check out Katt Williams's bit on Haters on You Tube!!!!! My angel is now sitting pretty at an Ivy League school!!!!! Bless us 'crazy' moms!!!!! LOL

1251 days ago
88.

Vera    

I don't understand why people are so surprised by this. Women usually get custody and rights before the man does. It is very hard for a man to win custody battles.

1251 days ago
89.

Elektra    

Hope Gabriel will win this battle. She's really ahole with him.

1250 days ago
90.

patty    

I have read several comments and the best said is
HALLIE BARRIE IS A RACIST!

SHE CONTINUES TO CONFIRM "RACISM IS ALIVE" AND ENCOURAGES IT!

1250 days ago
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