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Halle Berry's Ex

Wants to 86 the Nanny

When He has Nahla

10/7/2011 10:51 AM PDT BY TMZ STAFF

Gabriel Aubry and Halle BerryGabriel Aubry's lawyer went to court this morning, asking  the custody judge to change the agreement Gabriel  made with Halle Berry ... requiring a nanny to be present whenever he has custody of Nahla while the two are in Europe  ... sources tell TMZ.

Here's what we know.  Before Halle went to Europe to shoot her latest movie, she and Gabriel struck a deal on who gets Nahla and when, and under what circumstances.  Sources tell us one of the conditions ... when Gabriel had the child, a nanny had to be present.

We're told Gabriel is now unhappy with the deal he struck, and wants the judge to remove the nanny clause. 

Gabriel's lawyer, Gary Fishbein, argued his case this AM, while Halle's lawyer, Neal Hersh, countered.

We're told the judge took the matter under consideration.  A decision is expected shortly.

56 COMMENTS

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31.

MyOpinionOnly    

Commendable. After all, he IS the father of the child, so why should he HAVE to have a nanny if he doesn't want one? Guarantee its so Halle can use her to report back on what Gabriel is doing. Always on his side in this case.

1113 days ago
32.

ViableV    

She WAS hot 15 years ago, now she looks like marlon wayans! She is a kooky ****, hanging with that Gilbert Godfried looking runt. Gabriel Aubrey shouldn't have to put up with all her malicious crap. Hopefully some judge awards him full custody, Halle can go to hell along with her washed up career.

1113 days ago
33.

Lindsake    

Are you guys kidding me? So many negative comments re Halle...go back and read the damn article. This loser AGREED and is now "unhappy" so he's dragging her back to court. As previously reported on TMZ, he was pissed that Halle no longer allowed him to live RENT FREE after their breakup. But you think she's a b***h? Truly, he's the b***h.

1113 days ago
34.

Brigde    

I have read the comment being made here and I just want to say some of you are way to hard on Halle Berry. I do agree that Gabriel Aubry is being a jerk. If all of you who dislike Halle Berry read the story you would see that Mr. Aubry wanted the nanny. So what's his real motive. Here's a thought!, is all the attention Olivier Martinez & his daughter Nahla has been getting. Remember Hally Berry was seriously rebounding and desparately wanted a child when she meet Gabriel. He probably thought if he play his card right and help her to have the child she wanted he would have her wrap around his finger. Well he was wrong and he can't handle it. Ms. Berry has move on and he can't seem to do that. I always felt that is something not quite right with Mr. Aubry.

1113 days ago
35.

CatherineOfSiena    

Poor Halle - she has learned what horrible misery awaits every woman who falls in love with a gorgeous homosexual - and we speak from experience!

1113 days ago
36.

esi    

Regardless of how it is being played out or what it looks like, I honestly believe she really does have just cause.

While I am not on Team Gabriel or Team Halle, I know for a fact Gabriel is and never has a saint no matter what spin Halle made him up to be in the beginning.

Even though, I don’t know all the details, I really think Gabe wanted a free ride once he whacked in a cup for her or did the deed and show up when Halle wanted him to, he would be set for life. When he really was never around much. He’s never been to any of his kid’s birthdays.

Halle (for whatever reason/s) kept the lies about Gabriel being wonderful until she couldn’t anymore. The sad thing is she probably believed her own lies even if she had an IVF child with a bisexual model, poured money into his failed restaurant, bought him the Benz he currently drives, let him stay in one of her unused homes from day 1 until last September (which put on the market last year or so), tried to appease him by doing homes in SF and Mtl. etc. Who would buy a non kid friendly house in a ritzy section on a lake with a kid? She’s selling the house in Mtl, because Gabe thought he could get out spending any of his 750K on the payments which he agreed on. Think Halle thought he’d come around be didn’t. They always looked forced and more like a border or roommate.

With Olivier other than the initial rebound thing which I think was over months ago and to promote their movie whenever they get a US distributor, I think he’s ONLY still around to keep Aubry at bay. Is he falling for Halle’s victim routine i.e. Eric and Halle’s last fender bender or David paying off Playboy or the lawyers with Halle’s married dentist thing, don’t know? I think he’s acting more like a protector than a lover or real bf. Don’t think he’d ever hurt Nahla. Is he over his head? Maybe.

1113 days ago
37.

Dumbte    

Well let's see, it was under Halle's supervision that Nahla almost fell off a cliff while chasing a goat. So who really needs to be supervised??

1113 days ago
38.

Bridge    

I have read the comments being made here and I agree Gabriel Aubry is being royal pain. I don,t believe everything I read, but I have alway felt like their is something not quite right about Mr. Aubry. People here wants to make Halle Berry out to be the bad guy and Gabriel out to be a saint. Well I've got news for you, he's not! If you have read the story you would see that he wanted the nanny. So I have to wonder what is Gabriel real motive. Is it all the attention Olivier Martinez & his daughter Nahla has been getting. (Just a thought). By the way Halle Berry was seriously rebouning and desperately wanted a child when she meet Gabriel Aubry. He probably thought if he could be that guy she wanted and help her have the child she wanted that he would have wrap around his finger giving him everything he wanted. Well he has been given a rude awaking and he can't handle it. Hally Berry isn,t a weak as he thought.

1113 days ago
39.

lorjon    

Poor little Nahla better get used to bonding with a lot of her mom's boyfriends in the years to come cuz Olivier won't be the last! Meanwhile she has a dad who wants to spend time with her and the little girl is being prevented from bonding with him.

1112 days ago
40.

Thumbs up    

I agree with Halle. Men have been know to do things to their little girls! If is was a boy no problem. He agreed to the terms and conditions no live with it.

Halle has a habit of attracting crazy men, who want to own her ..control her ... Thank God she is wise enough to fight back and has enough money to live without them.

1112 days ago
41.

RCG    

so sick of people acing like Gabriel Aubry walks on water, because he surely does-NOT. No one dare question, his background, upbringing, or behavior because it's to damn easy to just trash Halle, and give him a free pass.How do you know for certain, that Halle Berry is shutting out her daughter's father? Unless your are a fly on the wall in Berry's house, her child's father's home, and were privy to custody court proceedings, how could you possibly know what is going on in their lives? So many people have "Missing In Action" fathers that they choose not to even question any man's ability to parent. Being a biological father does not automatically equate to a perfect,mature,compassionate,and or patient parent. This is precisely why the courts try to determine what in the child's best interest when deciding custody. Berry's daughter's father is a human being, and this means he has flaws, makes mistakes, and has his "own" problems, personal baggage, or issues he needs to work on, just like everyone else on this planet. Again,It's pure BS to make Berry totally responsible for whatever..., and not question whether the media is publishing facts or fiction because of personal bias and prejudices, a person may have toward Berry. I don't think anyone should interfere in any person's ability to earn a living. That said, since when is Berry the first person to take their child out of the country with a judge's approval, especially if they have been awarded physical custody?. PERHAPS A JUDGE DECIDE BASED ON AUBRY'S BEHAVIOR THAT A NANNY WAS NEEDED, THAT AUBRY INITIALLY AGREED TO, BECAUSE HE REALIZES WHAT HE LACKS.

1112 days ago
42.

ViableV    

It's obvious Halle's staff is commenting here trying to do damage control coz they need to stay employed with the witch. To them I say "nice try" but all you need to do is do a tally on all the public's comments here and you'll find that you're in the minority. Face it, the public knows halle's a nut case AND she's hurting nobody but her child by preventing her father from fairly spending time with his daughter. Now get off your asses and get a real job, and stop bitching and moaning!

1112 days ago
43.

MARK MY WORDS    

I TOLD YOU PEOPLE BEFORE IT HAPPEN, SHE WAS CRAZY, THIS NO TALENT B.......CH JUST USED THIS STUPID MAN FOR HIS COLOR, AND SHE HAS BEEN TELLING LIES ALL HER MOVIE CAREER, ON HER FATHER, EX-BOYFRIENDS, JUST TO GET PITY, SHE MENTALLY UNSTABLE AND IS A NEEDY OLD DRY UGLY BIPOLAR B....CH. I WOULD NEVER BUY OR GO SEE ANYTHING SHE IS IN. THE FATHER IS SLOW AND STUPID, HE JUST SOLD HIS SPERM TO THIS NUT CASE AND NOW THAT SHE DID NOT PUT HIS NAME ON THE BIRTH CERTIFICATE, THAT GOES TO SHOW YOU, SHE NEVER HAD A RELATIONSHIP WITH HIM FROM THE BEGINNING, JUST WANTED HER KID TO LOOK WHITE, WHITE WHITE, HALLE IS THE TRUE LOSER.

1112 days ago
44.

RCG    

Some of you folks can trash and degrade Halle until hell freezes over, it still does not negate the fact that Gabriel Aubry is not FLAWLESS, and that "HE" gives off a vibe of being bitter, vindictive, and always bitchin*. No happy man is bitching all the time. If the JUDGE believes that Aubry needs a nanny, [that Aubry INITIALLY agreed to]that is NOT Halle Berry's problem, but Aubry's . Aubry needs a job, a life, and some counseling to help deal with his personal issues, so he can move on.

1111 days ago
45.

Herlinda    

To the clueless ... there are few celebrity parents that are hands on parents. FEW! Most Celebrity children have a better relationship with their nanny's than their own parents. These celebity parent don't bath or put their own kids to bed. The nanny does. I doubt Gabriel has the skills to care for his daughter alone while in Europe. Halle, like every good mother wants to be sure her daughter is in the best care possible at all times. Nothing wrong with that.

1109 days ago
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