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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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106.

RCG    

Gabrreil Aubry wanted money from Halle and not for the right reasons.

814 days ago
107.

applebee    

Why does TMZ always put articles favoring Halle?? How much does she pay you guys?? It's ridiculous.

814 days ago
108.

itellitwith    

of course they would say that...DUH

814 days ago
109.

killykilly    

Tracy, it costs a lot to fly back and forth to and from Europe every week. Get real.

814 days ago
110.

zoe    

only reason the courts see halle as a better fit is bc halle has money basically. what would make sense to take ur daughter over to a place where celebrities are hunted down on a daily basis for being famous is no different from here in america or anywhere else. halle has money so shes a better parent than aubry? i think thats ridiculous but the courts here only see $ in their eyes when it comes to celebrities and let them do whatever they want most of the time.

814 days ago
111.

Mel    

You're wrong, from what I understand, judges can tell parents they aren't allowed to move with their child to another state (let alone another country).

Unless Gabriel has been declared completely unfit to see his daughter (meaning no visitation too) then he has a legal right to Nahla. This means you cannot whisk her 560...0 miles away unless he agrees.

814 days ago
112.

Bippie3    

California Family Code Section 7501
(a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

Judges interpret this law differently so Gabriel Aubry has an uphill battle ahead, but it's not over yet.

814 days ago
113.

fuddyduddy    

Not so fast -- TMZ. Just because the custody evaluation seems in Halle's favor does not mean that the judge will rule that Halle can take her daughter to France. The judge can't stop Halle, but the judge can impose a geographical restriction for the child. So, will Halle want to move with that kind of restriction in place? Probably not. There is no way that the dad can be a part of his daughter's life. How can he expect to parent when the child is across an ocean in another country? He has rights under the consitution to be a parent (can't remember want that falls under), but it's an inalienable right. He should fight this.

814 days ago
114.

Bippie3    

If she is moving to Paris to escape from the paparazzi, then why are there photos of Beyonce, Jay-Z and their new baby being swarmed by paparazzi in Paris?

814 days ago
115.

fuddyduddy    

“The right of parents to direct the upbringing of their children is among the ‘unalienable rights’ with which the Declaration of Independence proclaims all men … are endowed by their creator.” Justice Anton Scalia


A powerful statement given legal authority in a series of Supreme Court decisions holding that the United States Constitution protects “the fundamental liberty interest of natural parents in the care, custody, and management of their child.”


Federal Law trumps state law. Gabriel will prevail.

814 days ago
116.

Dawn    

Just wondering if this "source" let TMZ know if the psychologist said how devastated Nahla would be being THOUSANDS of miles away from her daddy? What a DISGUSTING woman she is! What she has done, is doing and will do to both her little girl and this man is beyond the pale! What kind of "man" is her boyfriend to feel it is OK for her to RIP her own daughter away from her ex lover!? Disgusting!

814 days ago
117.

esi    

More of TMZ with Harvey the Twink's and Halle's BS. I don't care how gushes every time he tells the story of Gabe feeding Nahla pizza--Halle's camp feeds him the crap his interns he or his staffers/interns write up with some of them counterpointing him on the show clips. TALK ABOUT HALLE's BAD ACTING?

Who knows what's really going on and what's not.
Just because TMZ doesn't necessary mean it's true????

Nor does it mean that they know more than the posters who have become legal experts.

Still don't see Halle moving to France with Nahla and the fake fiance on payroll. Even if she does go, it will be very short lived. Halle can't speak the languages, knows jack about the customs, laws and can't stay out of the limelight.

Doubt they're really even in love. It does say a lot about OM's slimy character.

Maybe he and Halle are suited for each other??? LOL

Let's see how the Judge rules and how much longer thereafter will they call off their fake engagement.

814 days ago
118.

esi    

Funny no updates on Halle's psych evals or her doing individual and family counseling. Don't forget Nahla has her own court appointed lawyer.

The eval is probably total bs unless they know something we don't ????

Didn't DCF say that the charges were bogus and Aubry's parenting skills were no longer an issue---between this bull**** and the bull**** about Deetz who Team Halle probably paid.

Halle will lose because of her arrogance and her playing dirty throughout this whole thing. She didn't have to be a total c--t about this.

People married or not with kids break up all the time, she could have handled this better. The woman's not too bright if she didn't have St. Gabe sign anything or have some agreement made???

Hope Halle brushes up on French marriage and property law. LOL

814 days ago
119.

Betty    

I recall Anna Nicole Smith doing exactly the same thing. And look how THAT turned out! KARMA! Shame on you Halle Berry for trying to deprive that child of seeing her father.

814 days ago
120.

adult lady    

As I mentioned to your bloggers last week, it is always better to remain neutral. Because regardless of how well you might think that you know someone really good researchers can find out things that the average person never knew existed. Having said that, though, I still hope that all of the adults in this case can reach some kind of mutual agreement. The thing to do might be to try to split the family's time between the states and France. This way, all parties would get some of that they want and the child would benefit the most. Hope this all works out for the best.

814 days ago
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