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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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31.

dd    

There goes his meal ticket!

815 days ago
32.

dd    

Madonna took her kid overseas it didn't stop her daughters father from spending time with her.

815 days ago
33.

Majestik    

Um, TMZ, how the hell did you get a hold of a doc..u..ment that should be confidential during a custody hearing? Sources, I doubt someone at that courthouse is leaking this info. Is this another speed dial call from Halle trying to destroy Gabe again?

815 days ago
34.

BlueGoldGirl    

Ugh...hate to hear the alleged results of this custody evaluation. The child is so young. What was the scope of the evaluation? Was there anything in the judge's order that asked the evaluator to determine whether a move to another country and extended time away from either parent would be detrimental in any way? Hopefully that was addressed in the evaluator's final recommendations. But if it was custody evaluator Jane ****z, I can tell you that she does not do any investigation whatsoever. Takes the word of both parents as gospel and does not check to see if there is any validity. She is lazy and incompetent. Good luck to Gabriel and his atty....as you can always fight the results of a custody evaluation.

815 days ago
35.

wow    

Big deal. That's what airlines are for. It's not like he's broke. If all else fails he can move to Paris. Big advantage, he speaks the language and he sure didn't have any problem moving to the USA.

815 days ago
36.

Cheryl A.    

NO ONE is thinking about this little girl who is undoubtedly going to miss her father tremendously. I have had foster children in our home who miss the parents who BEAT them or BURNED them with cigarettes. That child is going to have terrible regression problems when she realizes that she never sees her father and is too young to understand why. Hell, I don't understand either, how they can let that bitch of a mother move over 5000 miles away.

815 days ago
37.

Quinn    

Isn't "The best interest of the child" the rule in all of the states in regard to Family Law?

815 days ago
38.

Kristen    

I think it's so horrible that Halle wants to tear Nahla away from her Dad. This coming from a girl who grew up with divorced parents and could only see my Dad occasionally because he lived far away. It killed me everytime I had to say goodbye to my Dad after visiting him as child; I would cry for hours. Halle clearly does not have her daughter's best interests in mind because if she did she would realize how much Nahla loves her Dad (like the evaluator even said) and how much pain it will cause her being away from him. Not to mention the pain it will cause him not being able to see his daughter. She is being so unfair. And like many others said if she really wanted to keep Nahla away from the paps she could; just like Michael Jackson did. How often did you see those children get photographed?

815 days ago
39.

bb    

Yeah, of course it *would* say that, since Halle is way richer and better connected.

Sad to say, that's still the way the world works, in 2012 folks.

815 days ago
40.

SMASHED    

Halle you don't care at all about your daughter's heart. She loves her Daddy and needs to see him every week. Stupid bitch.

BTW, there are 100's of celebs more famous than you who live in L.A. around paps. You are a washed up has been.

That OSCAR was a token given to you because of your race. YOU SICK AT LIFE, especially parenting.

815 days ago
41.

amazinglybored    

The one who wants to move their child to another country (away from an active parent), for a relationship when they have a horrible history with relationships, is the better parent? The richer and more famous parent makes more sense.

815 days ago
42.

heidi    

he should have just stayed with her and been happy to have a high earning beautiful woman and his daughter with him. everyone on here likes to call her crazy, but they were together for a few years, and you don't stay with someone that long if you don't like them....even when they have money, there still has to be something betwen them.

815 days ago
43.

SSinOC    

It would seem that stopping this move would be the right thing to do from the child's best interest? The child needs to have both parents in her life. He must not have any money to be able to fight this thing? HB thinks the grass will be greener on the France side of the fence.

815 days ago
44.

Pat    

What a c@@t taking the man's baby away because she can afford it. She can stay in France, she has no career anymore anyway.

815 days ago
45.

WhyNot    

If Halle takes Nahla to France and Gabriel is granted visitation rights, it is up to Halle to bring the child to Gabriel for the allotted time he is given.. this usually converts to quarterly visits.. ie 2 weeks in summer, 1 week at Christmas, etc... since she chooses to move the child away.

815 days ago
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