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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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76.

Liza    

This woman is a vile human being for doing this to her daughter. She may want to punish her "sperm donor" as I believe she thinks of him, but in the end, it is her child who will suffer the most.

Move to Kansas if you want to get away from the paparazi. Moving to France is only a ploy to remove her Dad from her life.

Sick, evil, scab of a woman.

816 days ago
77.

Patricio     

Sadly, the courts fail to see the real issue of what is in best interest for a child...to have both parents within a distance so that the child can have balanced relationship with both. By allowing any divorced parent to move away at such a distance will only emotionally impact a child in the long run. The real issue is the parents. They need to grow up and do whats best for their child, not their selfish ass!

816 days ago
78.

Thomas Jefferson    

Yeah the french are reall respectful of celebrities. Princess Di died while being hounded by the press.

816 days ago
79.

nanci    

if she moves to france she wont have to pay that unemployed bum to fly to france to see his kid, she wont be under California's laws, so she wont have to comply with that, let him pay his own air fare, where did Halle find this guy, in the trash?

816 days ago
80.

gutsygirl    

One parent is usually stronger/better than the other so this would certainly set a precedent for anyone with a grudge against the other to pursue.

816 days ago
81.

Thomas Jefferson    

Halle Berry is another crazy bitch!

816 days ago
82.

puhleeeese    

I'm all for celebrity news, but how is this anybody's business? Why is the private life of this child being posted on TMZ? Bad call guys.....

816 days ago
83.

Nancy    

When Nahla is old enough to realize what Halle did to her, that'll be the end of their relationship.

816 days ago
84.

mt1981    

Jeez no wonder black men run out on black women.

816 days ago
85.

Bam    

Unless abused (which obviously isn't the case here), a child should never be taken away from their parent. Halle needs to suck it up and stay near her child's father for her daughter's sake.

816 days ago
86.

Bam    

Halle needs to suck it up and stay in the US. Not fair to the child, she will be the one that ultimately suffers.

816 days ago
87.

megryan05    

From someone who grew up with divorced parents, I think parents need to think about their children more when moving their child away from their parent. Its not fair to have to schedule appointments to visit the other parent!

816 days ago
88.

mel    

Why get mad at Halle. Gabrielle does not work. When is the last time he professionally modeled? I read he has asked Halle for more child support for a child he does not have full custody off. Can he not be a MAN & take care of his little girl without Halle's money? He is a loser & a wimp. Halle has to be the mother & the father with this piece of crap. Great job Halle. Get on with your move to Paris.

816 days ago
89.

Katmc.    

Unless abuse is taking place, nobody should be able to move a child away from a parent. If she wanted One Hundred Precent control over this child she should have gone to a sperm bank.

816 days ago
90.

txcn    

Of course she's the better parent, anyone with all the money is. Halle can pay the judge off. It's a no brainer!

816 days ago
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