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Halle Berry, Gabriel Aubry

Custody Evaluation Shows

Halle's the Better Parent

6/4/2012 11:07 AM PDT BY TMZ STAFF
EXCLUSIVE

0604_halle_gabriel_01The all-important custody evaluation has been written and submitted to the judge in the Halle Berry/Gabriel Aubry custody war -- and sources tell TMZ the conclusion is clear -- Halle is the better parent, and that clears the way for her move to Paris.
 
The custody evaluator -- a psychologist -- wrote the report after extensive interviews with Halle, Gabriel, 4-year-old Nahla and others.  Sources tell TMZ ... the report raises issues about Gabriel's ability to care for Nahla, in part because of personal issues.  We're told the evaluator did not question Gabriel's love for his daughter or her love for him, but the report does cast doubt on his ability to assume responsibility for the custody and care for the little girl.

Now here's where it gets interesting ... The judge will decide the custody arrangement later this month, and whether Halle gets to move to Paris with Nahla -- something Gabriel vigorously opposes.

Under California law, the judge cannot question the fact that Halle is moving to Paris.  He can't tell her she's not allowed to move, nor can he conclude that she's bluffing.  The judge must accept AS FACT that Halle is moving to France.

The judge must then decide what is in the "best interest" of Nahla -- being with Halle full time or being with Gabriel.  Given the conclusions in the custody evaluation report, it's pretty clear the judge will decide Nahla is best served by being with Halle.  So Halle now has a huge advantage in her bid to move to France with the kid. 

If Halle is allowed to move, it's almost certain Gabriel would get visitation rights, but that's easier said than done when Nahla is 5,600 miles away.

236 COMMENTS

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1.

Jen    

Can't this **** stay out of the news, this child does not need this do***ented daily.

781 days ago
2.

Jack    

So basically he loses visitation right by virtue of her being 560...0 miles away. What a great system we have. Helle chose to have a child with him, she chose. What a bitch.

781 days ago
3.

Kaya    

She just wanted a sperm donor and Aubry was the unlucky winner. Lmao. Oh the joys of having children out of wedlock.

781 days ago
4.

Stanley    

Halle is a bitch to even think about moving their child to another country. What kind of poor excuse for a mother does that? That should be taken into consideration. The fact that she is willing to deprive her daughter of the relationship with her father because of her own selfish bs!

781 days ago
5.

liz    

what a bitch...that poor little girl. i guess because Halle has moved on, she expects her daughter to do the same!

781 days ago
6.

ShrinkWrap    

Since she has such a great track record with relationships, I can safely assume that she will probably end up moving back to the US when, not if this fling ends. What a selfish bitch.

781 days ago
7.

Mel Zipskin    

It's his own damn fault He should have put a ring on it legal fathers have more rights.

That's why i would NEVER be a babydaddy and all babydaddies chose not to marry need to shut the hell up when it comes time for the mama to move.

Hes a damn golddigger was in it for the money.

KFed 2.0

781 days ago
8.

fran    

Gee Halle it must be nice to have money..so people will lean your way..I think it shows what a bad mother you are taking Nahla away from her dad..its you who has moved on , not your child. Grow up..

781 days ago
9.

KnuckleDragger    

Sad story. Let's hope the frogs are nice to Nahla.

781 days ago
10.

RedwoodPerch    

It's sad that we all live in a world where money always does the talking.

781 days ago
11.

Vanessa    

team Halle no doubt this canadian psycho needs to go back to Canada and take a seat

781 days ago
12.

jen    

Harvey, who wrote this? Judges in california don't easily allow parent to move to another state let alone another country. Aubrey would have to be a nutcase who abused or neglected her . The court will probably find that it's in the child's best interest for her to be around her father.

781 days ago
13.

Phreaky    

That's terrible and Halle is psycho. Everywhere she is photographed in Los Angeles are pap hotspots. Here's a thought - MOVE JUST OUTSIDE OF L.A.! You would rather take a child's father away from her than do the sensible thing. Real bright. Your daughter will HATE you when she grows up, with good reason. You know Michael Jackson lived an hour or two to the north of you and the only time his kids were photographed were when he brought them to the streets of Hollywood/Disneyland and when he lived off freakin Sunset Blvd.
Your daughter will repay you for your greed some day.

781 days ago
14.

MIKE    

This is just wrong! both parents need to be there for the kids.Every parent is good at one thing and bad at another.Kids should not be treated like property!

781 days ago
15.

Faye    

California has some messed up laws if the judge cannot tell her that she cannot take the child out of the state. Why not? So basically, she can screw the father over and he just doesn't get to see his kid because she's decided to leave the country?

781 days ago
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