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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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121.

Cari    

OMG! You people are freaking out over a case we're learning of second hand via media reports. Halle is proposing a move to France, not the moon, so if Gabriel wants to be a father he can (A)fly to France periodically to see Nahla (B) arrange for extended stays with him when she's not in school and (C) take advantage of technology (i.e. skype) and keep in touch as much as he wants on a daily basis. Nahla is four years old and I haven't read anywhere that Gabriel has taken Halle to court because he couldn't see his child and he is frequently shown with her in the press so Halle's clearly not trying to keep them apart. This is not 1950 and women have the right to move where and when they want to. In a perfect world Nahla's parents would have been happily married and raised her together until she turned 18 and went off to college. But we're talking about a couple that had a child without the benefit of a legal union (which is what so many millions of kids all over America are born into) so the odds are in Halle's favor in terms of custody issues because she is the primary custodial parent. If BOTH PARENTS put their issues with one another on the back burner and remember Nahla's best interests at all times, she will grow up to be a well-rounded individual. But to suggest that Gabriel can't be a parent because she lives in France is a fallacy.

681 days ago
122.

Cari    

For those of you touting the virtues of "Saint Gabriel" what great father pushes a nanny damn near down the steps with his daughter in her arms; demands child support money from the rich mother instead of doing what fathers are supposed to do - get a job and support his child; and takes the mother to court to buy him a house? Halle made a bad choice in choosing this loser to be her child's father but HE HAS CONTRIBUTED TO THE BAD BLOOD that now flows between he and Halle. If you mess with a lawyer they use the law to their advantage in the fight and when you f**k with a rich person they use their money as their sword and shield.
The sad part of this is that Nahla is caught up in the midst of it all. But make no mistake, Gabriel's hands aren't completely clean in this matter.

681 days ago
123.

Brigde    

I knew when I read this article that there was going to be alot of upset people. Why are you all so shock about this custody evaluation. From everthing that I have read about HB and GA custody battle it dosen't surprise me at all. I just want to say for the record I don't believe everything I read. It just seem to me that HB has been trying to work things out with GA for a long time and enough is enough. What was Halle to do if Gabriel wouln't cooperate with her. From what I'm reading here in this article everyone think that GA has serious problems and can't take care of little Nahla on his own. Who are we to say otherwise. We really don't know anything. By the way I'm not by no mean say that HB dosen't have issue.

681 days ago
124.

Bite me    

Nas

681 days ago
125.

pb    

shame on you Halle for leaving your little girl without her daughter. I am also divorced but even though I had an opportunity to move away from my daughter's father. I did not. Your daughter needs her Father to.

681 days ago
126.

esi    

For all those who think I am Pro Gabe or like many of the posters with issues (no offense) and Anti Halle not true. I am a writer doing research on celebrity hype and related sites and the people who post. Many of posts are to create discussion and some logic --don't take any of this seriously. Neither should anyone else regardless of their reasons for coming on these sites.

680 days ago
127.

michelle    

She is crazy! What a selfish biotch for taking her child away from the daddy. She is the unstable one. How many times has she been married!??? Geez...money gets you everything, I guess. Poor little girl! :(

680 days ago
128.

crystal    

I can't believe she would take her daugther away from her father. WHAT A BITCH!!! That poor little girl.

680 days ago
129.

esi    

What Harvey and the gang think....

So, don't say he's always one sided and who he favors most????

http://www.tmz.com/2012/06/04/tmz-live-halle-berry-gabriel-aubry-mary-j-blige-octomom-richard-dawson-mark-zuckerberg-miss-ohio-audrey-bolte/1/

680 days ago
130.

Tiggy    

I've been doing this for years...boycotting that bitches movies. Not that SHE cares, she has enough money and seems to keep rich boyfriends. But by boycotting all things HALLE, you can damage her in the worst way...public humiliation of her knowing that because she IS a bitch, that no one will pay to see her stupid-ass in another film and the studios realizing the bitch isn't a bankable draw anymore. She is self centered and thinks the world revolves around her.... POOR NAHLA, she will grow up to HATE her mother for taking her away from her father. Trust me, "experience" on this rules the day!

680 days ago
131.

Sloane    

and when she finally breaks up with this new fiance- and drags his name through the mud (like she has all of her other ex's), will she then move Nahla back to the US again- turning her life upside down once again
not bad enough that Nahla and her dad are seperated by miles when Halle has to do a movie- now they will be apart all of the time pretty well
...
sad that Halle puts her own impulsive selfishness and daddy issues (stricking out at the wrong person for her anger over her own father abandoning her)
over the needs and welfare of her daughter having a healthy relationship with her father
sader still that she has lawyers that push her agenda
...
too bad that Gabriel isn't a US citizen- (think he's still a Canadian citizen)
he'd be the perfect face/example for finally making changes to father's rights in court
and if Nahla were a bit older and could have her own lawyer/advocate, she could fight to remain near her father ,,, as it is, the poor child can not help but be influenced by all of her mother's negativity towards her father - and that becomes evident when she is questioned about her relationship with her father I'll bet
she would hesitate to say anything too loving and positive about him with her other even in the next room!

680 days ago
132.

wow    

I seriously doubt this guy would be so interested in time with his daughter if the mother was a waitress working a minimum wage job. He's no saint.
Dumb women on here are fooled by his white skin and handsome face. White men are tools also. I've seen quite a few men fight for and win custody and visitation who blow the children off when they get that precious time.
I don't trust this guy but I'll admit he should get visitation, wherever that occurs. If he wants it so bad he should be willing to go anywhere to make it happen.

680 days ago
133.

Mary    

Aubry could do very, very well modelling in France if he wants to stay close to his daughter.
Very well indeed, imo.

680 days ago
134.

DiM    

OMG. TMZ is her publicist and legal representation now. You people are very, very irresponsible!! Advocating to fc.uk a young kid up.

680 days ago
135.

esi    

@AdultLady--yes my clients pay me very well for my research on their celeb hype project. BTW the celeb site you're referring to Celebrity Net Worth isn't all correct. Mr. M could be worth 20M in annual salary, he didn't make that on his movie with Halle which had a 15M-20M budget. Nor is Halle worth 70M/year--she hasn't made 16M/film since Catwoman and makes much less. Don't know what she did on Cloud Atlas plus with her other endorsement after taxes still don't equal 70M net. Am aware of his virtual job and his share in a restaurant so he now has a legit reason to be in the country other than to be Halle's latest lapdog, which he may enjoy and others claim.

678 days ago
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