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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As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action.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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Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | 7
91.

patty    

Since when is it right or justified behavior of truly loving, caring parent's TO DO BATTLE, GO TO WAR OVER THEIR CHILD??

These "loving" (ha) parent's are discusting with their personal hate vendeta..If this behavior constitutes parent's who really care, this couple has missed the boat..

1257 days ago
92.

Red    

IT'S REALLY SHAMEFUL HOW EVERYONE ON THIS BLOG SITE IS DEMONIZING THIS WOMAN. HALLE BERRY, WHO SEES HERSELF AS BLACK, WAS INTITIALLY TRYING TO WORK TO SUPPORT BOTH GABRIEL AND HER CHILD. Remember, she took care of Gabriel financially when he couldn't get work. The thanks she gets.. As a single mother myself, I had no help either. Keep your head up Halle!! I think you're showing such strength in the mist of such hatred. And what about Gabriel calling the mother of his child a N*GGA? EXCUSE ME? He was even disgusted that a magazine called his child black - as if that's offensive. I'm sorry but what's wrong with being referred to as black? Or even bi-racial? He wants the child to be called WHITE! She's not!! Anyone looking at Nahla's picture can see she's not white and her skin will eventually darken as she gets older also.. He's delusional. He's really gonna have a heart attack when her skin tans --what will he do then -- bleach her skini. Next time Gabe-- stick to white woman instead dating, falling in love, and having a baby by a black woman, then you won't have to be so disgusted about the color of your child's skin. YOU RACIST! There's no borderline to it. IT TOOK THIS MAN, A YEAR AND A HALF TO EVEN MENTION OR BRING UP THE ISSUE OF IMPLEMENTING HIS NAME ON THE BIRTH CERTIFICATE.. Why so long? Why now? I smell a rat who wants a bit of cheese i.e money! He never cared to have his name on any do***entation before --now all of a sudden when Halle's financial support dries up and she asks him to move out now he calls foul play. This dispute was also about SPOUSAL SUPPORT AND NOT JUST JOINT CUSTODY. So, to all you Halle Berry haters -- and lovers of a man who would call his daughter's mother a N*GGA --keep hating.. Wait until Nahla grows up and reads about this!! Nice!!! Yeah, I can definitely see the racial growth in this country --it's null and void! NO ONE CAN REPLACE A MOTHER'S LOVE.. AND HALLE IS NOT A B****! IS SHE AN ANGEL -- NO!! BUT NEITHER IS GABRIEL! She's not a devil! We all get angry. If Halle was solely white, and was recognized as a white woman-- this wouldn't be happening to her. This country would be in support of her and angry that man a would want to LEECH!

1257 days ago
93.

sunseeker    

RED


Are you on drugs, first of all where did you read that Halle took care of him, he has been working, maybe not as much because if you read this article you might know why.

Perhaps it’s naïve but I think she has her best shot with Gabriel Aubry. Or maybe I’m just blinded by the absolute perfection of their pairing. And outwardly at least he’s completely devoted to her – his words last night in NYC:
“I don"t think it"s about gifts. It"s more about presence. You have to be there. You can"t really spend Valentine"s Day apart. I can"t be in New York if she"s in L.A. It doesn"t work. So I try to be there most of the time and that"s more precious to me. I"m going (to LA) to be with my girl.”
And how do you know he is racist, only by what you read in the papers. She was mudslinging. And if she could proof that he is racist the judge would not give him access to his daughter. Grow up.

1256 days ago
94.

Kathy    

Does anyone really believe this woman? She is a walking self-creation that changes yearly to suit her needs! When she divorced David Justice her stories were similar to her current situation, but his side told of a crazy, needy and emotionally hungry woman. She is indeed half white and half black, yet claims only to be "black", while ignoring her african american father's side of the family. She claims she watched her mother suffer severe abuse at the hands of her father, and that she would never allow that to happen in her life, but now she is claiming her baby's father is abusive to the daughter and emotionally and verbally abusive to her? And what a complete slap in the face to dub her daughter "black", as if the 50% of her father's genes count for absolutely nothing! If you go back and look at her statements over the years, it is clear she is a selfish liar and seeks attention at a level that is off the charts!

1255 days ago
95.

Stephan Bennett    

Halle had no business getting involved w/ that white boy. All he wanted to do was have sex w/ a Black woman. He really doesn't care anything about the baby. He just wanted some ... and she gave it.

1254 days ago
96.

Billie H    

Beautiful but crazy! The child is both black and white. She can't be so stupid, can she? I hope the courts just go on whats best for the child when making there decisions in this case. they need to check her sanity or IQ after her making the statement that she feels her daughter is black. Omg how completely stupid! I think differently about Halle Berry after hearing that she made that remark and actually believes it. Crazy world (and getting crazter all the time. Oh and we do have a president that is black and white! Which color did you vote for?

1252 days ago
97.

RCG    

Some of you people leaving comments need to read. Gabriel's
name is on the birth certificate and his daughter has his last name. Aubry has NEVER said Halle kept him from having a relationship with his daughter. Aubry was NEVER interested in support (money) and joint custody until Halle moved on. ALL OF A SUDDEN HE AIN'T HAPPY AND THE CHILD IS ALMOST THREE. BS. IN FACT they were seen together with Nahla after they split. I strongly believe Aubry BECAME controlling, vindictive and evil after Halle moved on. Halle is the one that has a lot to loose NOT Aubry. I DON'T THINK THAT IT IS A LIE THAT Aubry CALLED HIS CHILD'S MOTHER A NI**** AND OTHER RACIAL SLURS. People that know Aubry gave SWORN DEPOSTIONS to the judge regarding his "CHANGED BEHAVIOR". Sounds like Aubry NEEDS some counseling. Aubry has LIVED in NY FOR YEARS AND OWNS A HOME there BUT NOW HE CAN'T TRAVEL to NY? Really? WHY DID HE NEED TO MAKE BEING WITH HIS DAUGHTER ABOUT FOLLOWING HALLE? So "HALLE BERRY" is the ONLY actress that can NOT take her child to work. BS. Again, AUBRY is full of sh** messed up Halle's film committment on purpose and THE JUDGE AND SMART PEOPLE KNOW THIS. Before you make comments about race in America study up on the "One Drop Theory" mentality and "Jim Crow Laws" that whites invented so children of black and white ancestry like Halle and her daughter could be discriminated based on skin color. Are white folks as equally upset about all the other blacks with white ancestry due to slave owners raping slave women identifying as black? (I DON'T THINK SO) Did you know that some black people are lighter skinned than Halle and her daughter but have two black parents? Are you EQUALLY upset that President Obama does not call his daughters white because one grandmother is white? HELL NO. Because THEY LOOK BLACK AND SO DOES HALLE AND HER DAUGHTER. Has Hollywood EVER referred to Halle as mixed race, biracial or white? NO. And why not? Because she is brown skinned and not white skinned like Nicole Kidman. (HOLLYWOOD/SOCIETY DOES NOT CARE THAT HALLE HAS A WHITE MOTHER BECAUSE THEY SEE SKIN COLOR FIRST.)

1248 days ago
98.

tussie cat    

Hello I think Halle is a great mother it doesn't have anying thing to with if she is black or white, now ms lisa your comment you made feb 16 2011 I may self thanks you are justs hates peoples or persons who LOVELY, BEAUTIFUL because when you you cant stand her sound to me yOU are the hater and mad because you are not her.so i say to lisa dont H A T E.

1232 days ago
99.

WenSui    

If Gabriel was a black man you guys wouldn't give a dam.

1186 days ago
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