TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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

No Avatar
46.

ZooBug    

I'm absolutely speechless and heart broken for Gabriel. This is a travesty of justice. :'(

850 days ago
47.

Queen B    

The issue in an international move away case is not which parent is the "better parent" per se. The evaluator's job is to give a recommendation as to whether the girl should move to France with Halle or stay in LA. with Gabriel which is the ultimate question. Nowhere in this story does it state that the evaulator recommended the move away. Therefore, I question if TMZ's source has really seen the report.

TMZ's story is misleading because there is so much we do not know. 1)What makes Halle the "better parent" 2) How much better is she than Aubry ; in what specific areas? 3)What difficulties would Aubry having taking care of Nahla full time? -Could they be easily overcome? 4) What is the current custody/visitation arrangement?

The court has to take into account several facts including the age of the child, distance of the move and the reason for the proposed move etc. The report is simply one piece of evidence in which the court must consider.

850 days ago
48.

Joao    

Without a doubt the psychologist is a bitch [I mean female]. That said, who contracted this individual and can her "evaluation" be contested... Let's put it like this, in my anonymous standing I work with the courts and I can assure you IT IS RARE that ANY evaluation is objective. RARE. I'm surprised that Gabe's attorney didn't challenge the psychologist. I would have selected one fron Nebraska who's not as tainted .

850 days ago
49.

FLO    

Is this a rport from the court appointed evaluator/mediator, or is it from one bought and paid for by Hallucinator Berry?

850 days ago
50.

Kristen    

You can tell even TMZ thinks she's a bitch. Look at the pictures they used for the story. Halle looks like a crazed psycho woman while Gabriel is hugging is daughter.

850 days ago
51.

doziex    

Halle better not come back in 10 years, and start complaining that her daughter's father was absent from her life.
She is laying the foundations for an absentee father thru her current selfish actions.

850 days ago
52.

Dave Dolak     

Welcome to being a Dad in California. If you have a Peni_ your screwed out of a relationship with your own child. It is NEVER in the childs best interest to move away from another loving and available parent.
Rot in Hell Hailie Berry for even thinking of moving to France.

850 days ago
53.

Cheri    

I will never watch anything this b**** is in ever again, and another thing this to me proves she is a bad mother, taking a child away from her father, BAD MOTHER

850 days ago
54.

Mumra the Ever Living    

Just one more thing that money will buy.

850 days ago
55.

Mindreader    

Money talks! The more money you have, the more things happen in YOUR favor!!!!

850 days ago
56.

Erica    

I don't think bitch is quite the word. Thing a word that starts with a c and ends with an t is the word for her. I hate ****s like this. She makes women all over look bad..

And Halle, your a **** actress. Hope your career fails

850 days ago
57.

Chris    

The judge seems quite ignorant to me if she allows the move based on Halle's argument that she's escaping the paparazzi. The paparazzi in Paris are far worse. Look what happened to Princess Diana. If Gabriel loses visitation because of the distance he should not have to pay a penny for childcare. Let Olivier take that on! Her daughter will hate her mother in the long run when she realizes what she did.

850 days ago
58.

What!!    

OMG, all you people on the outside looking in. lol you have no idea who is the better parent so STFU with your one sided opinions.

850 days ago
59.

Anon    

Parental alienation. I hope Halle's career is destroyed. And this new guy will cheat on her and I will laugh and laugh.

850 days ago
60.

Sarafina    

I don't get what's the problem...Gabriel can most certainly move to Paris to be near Nahla. He speaks the language and have his career there too! Win-win situation if you ask me.

850 days ago
Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments

Around The Web