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Halle Berry

Victorious in Custody Fight

8/26/2011 12:23 PM PDT BY TMZ STAFF

0826_gabriel_ex_court_tmz
Score one for Halle Berry in the latest custody battle with baby daddy Gabriel Aubry.

TMZ has learned Halle and her lawyers, Neal Hersh and Judy Bogen, prevailed in court today -- as both she and Gabriel stood by while their lawyers argued before the family law judge.

We're told the issue had to do with the custody agreement the couple signed.  There's a provision in the agreement dealing with how much time each of them gets to spend with Nahla when Halle shoots a movie.

Halle is going to Europe soon to shoot a flick, and Gabriel and Halle were arguing over the "movie clause" -- specifically, how they're supposed to divide their time with Nahla.

We're told the judge bought Halle's interpretation of the "movie clause," meaning Gabriel won't get as much time with Nahla as he wanted.

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170 COMMENTS

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76.

emerald    

Wonderful!!! So the majority of the time Halle is filming on location her daughter will be with a NANNY!! Film schedules often go on into the night, they're not by any means cut and dried 9-5 which means her daughter will see her when Halle is available - yep, soo wonderful the Judge didn't think that Gabriel could be spending that time with his daughter instead of her just being handed off to a nanny - NOT!!
Time Halle grew up, she may have wanted a sperm donor but Gabriel is the father of her baby and he clearly did not sign on just to be a donor and never be in his kid's life, he wants to spend time with her too and help shape her future, which he has every right to do!! If she'd wanted a sperm donor she should have got a contract in writing saying her would never lay claim to the kid and relieving him of all child support etc hm?! Her daughter will hate her - kids deliberately kept from another parent and who hear constant bad mouthing of their other parent usually turn on the one creating the problem - in this case Halle!

1069 days ago
77.

the truth    

finally a father wants to be with his child and now there's a problem. why cant he take her intead of halle?! shes only gonna have her nannies around watching her. i wounder what the real deal is? but the daughter looks just like dad. i was thinking that her X had lived in foster homes and was going to this house and that house. so he never really had a mom or dad. maybe this is why he wants his daughter all the time. he doesnt want her growing up without a dad like he did.

1069 days ago
78.

kevin    

You guys are such liars. You KNOW Halle Berry was not in court today and yet claim she was!

1069 days ago
79.

kevin    

You guys are such liars. You KNOW she was NOT in court today!

1069 days ago
80.

tigress    

Children need a father too. If she is working all the time she would have to hire a stranger to care for her child why not allow the other parent. She sounds selfish and should do what is best for the child. However, he should not expect to be paid.

1069 days ago
81.

Khate sucks    

I can't believe that that whack job won custody of that POOR child! Apparently the judge was not privy to her MENTAL PROBLEMS! Poor little girl, my heart goes out to her! I find it hard to believe that H is even IN any movies now! She's such a has been! H hates her white side and she hates her black side! Weird ass woman!

1069 days ago
82.

misfit    

Why on earth would a judge allow the child to go with her while she makes a movies spending 10 to 12 or more hours a day away from home? Money, money, money?

1069 days ago
83.

Ginger    

Big win. Cutting a loving father out of a child's life. Yes siree, big win. Kids grow up Halle, she won't thank you for this.

1069 days ago
84.

Lekili    

She's a real bitch. Without him she wouldn't even have that sweet little girl and now that she's moved on to someone new she wants to cut daddy out of the picture all together. EVIL is what she is.

1069 days ago
85.

Sir topham hat    

Hey Halle,

This is what happens when you lay down with dogs, you wake up with fleas. Gabriel is a douch-bag and a punk.

1069 days ago
86.

Sincerity    

Has it ever occurred to some of you "Halle Haters" that the judge's ruling is based upon the terms of a custody agreement in which BOTH PARTIES "voluntarily" negotiated. Gabriel Aubry was fully aware of its implications when he signed it. The judge knows exactly what's going on with BOTH SIDES and if there were any "credible" grounds to Aubry's arguments, the judge would have ruled in his favor. The only thing that seems to be preventing him from visiting Nahla while she's overseas with her mother is HIS WILLINGNESS TO PAY HIS OWN TRAVEL EXPENSES!!! He should have thought about these little "inconveniences" before he signed off on their current custody agreement. Interfering with Halle Berry's ability to make a living isn't a brillant move on his part. Life goes on and Gabriel Aubry should find something much more productive to do with his!!!

1069 days ago
87.

micah    

I just can't stand that self absorbed self centered selfish drama queen. She's a moron.

1069 days ago
88.

kim    

I'M usually spot on about people, and i think she is a bitch, and have you ever seen the bitches accident record.. she ALWAYS fleas the scene BITCH what if there was a child in the car??????? And she is not as pretty as she thinks she is either!!!!!!!!!!!!

1069 days ago
89.

kim    

I disagree with anyone who says he was using her for his career, HE IS H O T and didn't need to sleep with her to make it big. Maybe Halle should find a man that doesn't wana slap her..... GOOD LUCK ON THAT ONE Halle.

1069 days ago
90.

Allison    

seems Dads get totally screwed when it comes to seeing their kids, they can Thank the Dead Beat Dads for that !!

1069 days ago
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