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Halle Berry

Claims Gabriel Violated

Custody Agreement

6/28/2011 12:45 PM PDT BY TMZ STAFF

Halle Berry went to family court this morning, complaining her baby daddy, Gabriel Aubry, violated the custody agreement they struck over Nahla, and to reinforce her point, her lawyer submitted a lengthy court document claiming Gabriel has put Nahla at risk.

Halle Berry Custody
Sources tell TMZ ... Halle is concerned for 3-year-old Nahla when she's in the care of Gabriel.  Our sources would not be specific about the violations, but we're told it has to do with requirements Gabriel was supposed to follow when he had custody of Nahla.

The lengthy documents go into great detail about Gabriel's parenting skills, claiming there was once an incident overseas when Gabriel allegedly neglected Nahla, imperiling her safety.

Halle wanted the judge to find Gabriel in violation of the custody order.  Gabriel was not in court today, and the judge set a hearing on the matter for later.



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A source close to the situation tells that trouble has been brewing over the past few weeks and that the situation between the ex-couple has been getting nastier by the day.

"Halle has been coming down hard on Gabe recently," the source says. "If he drops off Nahla just five minutes late or is not exactly on time when he picks her up, he gets it in the ear, big time.

"Then he is criticized for not taking Nahla to the 'right kind of places' when he's with her, not dressing her correctly, not feeding her the right kind of foods.

"Gabriel said there was a nuclear level melt-down last week because he gave Nahla pizza on one of her 'non-cheat days'. He's basically being totally micro-managed and has no freedom when it comes to his daughter.

"I'm not surprised this has happened, it seems Halle's attorneys have been working on building a case against Gabriel for some time now, and every single time he doesn't follow every rule, or do things by the book, he's slammed.

"At the end of the day Gabe just wants to get on with his life, and spend time with his daughter in peace - but it just seems that's not going to happen, at least for the near future."

1151 days ago


She is beginning to look like the crazy, unstable one in this relationship. She should have thought about his ability to be a parent when she became pregnant with his child. Her track record isn't the best and the common denominator appears to be HER! Poor little girl.

1151 days ago


Halle--Whether you like it or not, you're going to have to learn to co-parent your daughter with Gabriel. Running to the court every month when something doesn't sit right with you isn't the way to successfully do it. Get over your self, and learn to work with the man you had a baby with. It's in your daughter's best interest.

1151 days ago


If her suspicous are correct and usually a mother knows, hopefully they can find a way to work it out maybe supervised visits.

1151 days ago


With so, so many men out there who don't stay in their kids' lives, it ticks me off to see someone try to keep the father OUT of a kid's life. Boo Halle. Work it out like adults.

1150 days ago


This woman has gotten on my last nerve. She has made disgusting accusations against Gabriel's parenting skills. YET her vendetta started because he wouldn't drop everything he was doing and go to New York to take care of the baby while she was doing a film and had to drop out, because Gabriel was the only one she would trust with Nahla! Strange how the wrath of a woman can also including destroying the father of her child!

So just wondering Ms. Berry, which one is he 1. A terrible father who doesn't deserve custody - always putting the baby at risk? OR 2. A great father that can totally take care of his child, but ONLY when Ms. Berry needs him to be? Also - I don't think anyone has pointed this out yet - Nahla is 3 and so that means for 3 years Ms. Berry has supposedly put her daughter in danger - because she left her with her father that was a bad parent! So she should be found a poor parent for her lack of protecting her child against this "monster"!

I truly hope she doesn't work again, I know that I will NEVER watch another movie she is in! She is a disgrace to the word "mother" and I REALLY hope that Gabriel finds a decent woman, be finally happy and leave Halle behind and just gets on with his life!

Nahla WILL know about what her mom is and has been doing! And Ms. Berry is going to have to deal with that later on! She will have to explain to Nahla that she did EVERYTHING in her power to ruin Nahla's father and tried to separate Nahla from her dad - who obviously loves her! I think Ms. Berry is probably menopausal and REALLY not thinking straight!

1150 days ago


And who's gonna pay for this? Poor Nahla, it's always the child who suffers for the parent's mistake. Sperm donor that is a good one !!! Anyway i hope Gabriel won't let her have the full custody, and what about Olivier Martinez? We never see him play around with Nahla....Does he like children after all....Ahhh Halle beware, nasty fighting is never a solution...Peace in your soul for everyone involved!

1150 days ago


Maybe that women lies, but it is also possible that the father is incompetent. I know men like that. Some men are real babies. That doesn't mean that he does not love his child

1150 days ago


Yep! I think we know what's going on here...we've seen it many times before & so many have witnessed this exact same thing in their own lives too with divorce effecting us all with parental roles models.

Dysfunctional, taught, & learned behaviors being modeled here. Character flaws, inappropriate values from our own parents as they’re taught to us with how to “love” or “not love”. We might just be biased for apparent reasons. Who, what, when, where, how, why, fathers/mothers not to see clearly what’s being passed on. Maybe, we were lacking with our own parents, or parental figures to teach us, but time moved on & we grew up. Saddles with their burdens, learned coping elements & of our own factoring with it as observed from a child perspective. Our environments with the good people, bad people & allowed people that moved into, out of, but around us as children do affect us all.

LEARN how to IMPROVE situations you find yourself in, & move from reactionary to proactive stances. Get the parent to agree, & willing to produce results for yes, your child/children you’ve made together above yourselves. Getting it right, right with targets & right for the child you quantify your love for so act well for them. You did not arrive at this place alone so LEARN about family dynamics, learn about family dysfunctions & LEARN about your family histories. This should be learned well before stepping into partnering with someone. You can’t make them over, be anything than more or less than they are. As adults, modifications come to us as we learn & decide to achieve them not by being forced. Move past your anger, biasness, & keeping reaching for solutions, don‘t give up as your child all of it you give to do more. Improve yourself, learn to give, learn MORE & STOP sitting back pointing fingers of how bad the other parent is. Be present, accountable & responsible for the child you love vs. showing up with bitterness towards that parent. Child will disassociate, be untrusting, & hurt with love being painful as divorce is. Mistakes will be made in marriages, parenting & partnering with people, but let better arise. Teach better, love child more than letting your anger win you over with actions. Your repeating what you know, change the cycle, and change it for your child. We all can use tweaking & put your love of your child in action vs. speculating with how EX is less…be a role model.

1150 days ago


Knew something was up. For the last week there have been a ton of pictures of Halle out with her daughter here, there and everywhere and none of her out with her lover boy Olivier like we used to see. She was really milking it for all to see that she is a doting mother because she knew she was going to court about this. With Halle, there is always a plan and a whole machine of PR behind her orchestrating that plan and it's all about her and her image -- her beauty, her men, her daughter. It's not about what is right for her kid.

1150 days ago


After reading some of these comments, I'm convinced that Halle Berry has a "SOLID" case against Gabriel Aubry. She's employed some of the best attorneys in Hollywood to represent her and they know what they're doing. Gabriel Aubry complained about not having "suitable" access to his child, an agreement was negotiated and he didn't live up to all the terms. IT'S AS SIMPLE AS THAT!!!

They went their separate ways. Halle Berry, as usual, had no trouble moving on with her life but Gabriel Aubry didn't really have anything "viable" professionally or personally to move onto. Ms. Berry even allowed him to continue to live with her for several months after they officially separated. When it became apparent that she had no interest in reconciling with him, all of a sudden "custodial" issues began to flare up. As another poster mentioned much earlier, Gabriel Aubry grew up in foster homes and may require additional "parenting" related counseling. I suspect it goes much deeper due to unresolved "abandonment" issues on his part. I'm not saying that Ms. Berry doesn't have her own set of issues, WE ALL DO, but part of the "healing" process is realizing when it's time to "MOVE ON" from situations that AREN'T WORKING!!!

1150 days ago

Miz Val    

Hallie gets things confused sometimes.She thinks she's really is a queen.In truth we all know the woman is 2 sandwiches short of a picnic

1150 days ago


Will somebody PLEASE set this empty headed hasbeen named Halle "psycho" Berry down some place and force her to take her meds. The woman is sickening.

1150 days ago


Time for these two to grow up and learn to co-parent their child. Trying to alienate one parent or the other is only going to damage their daughter. Shame on them for playing tug of war with their daughter!

1149 days ago


I used to date Gabriel when I lived in NYC. I will tell you that he was the NICEST, SWEETEST, CARING person ever. I can't imagine he changed that much. He was already a top model at that point and he never seemed aware of how good looking he was. I know there are "three" sides to a story but there is pattern with Halle's behavior. She may have been through a lot of things in her past but I'm just saying....

1149 days ago
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