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Kate Middleton

BIG PROBLEM

For Halle Berry

9/14/2012 4:31 PM PDT BY TMZ STAFF
EXCLUSIVE

0914_halle_berry_nahla_article
Halle Berry may be collateral damage in the publication of the Kate Middleton topless photos ... TMZ has learned.

Halle's lawyer has been trying to convince the judge in her custody battle with Gabriel Aubry ... Nahla is better off living in France with her mom because the paparazzi are more gentle and respectful of celebs.

Gabriel's lawyer had only one real piece of ammo to counter Halle's claim -- the paparazzi chasing Princess Diana to her death.  But that happened 15 years ago.  Now Gabriel's lawyers have new firepower -- the pics taken of Kate Middleton were by an intrusive photog who we're told used a telephoto lens to capture intimate shots of her on a secluded balcony.

We're told Gabriel's lawyer is aware of the new Kate photos and it's almost certain he'll raise the issue when the trial resumes.

Here's the reality ... Halle has a right to move to France, and the judge will ultimately base his decision on what will be in the best interests of Nahla.  Since Halle has had primary physical custody since her daughter's birth, she has a huge advantage in the case.

131 COMMENTS

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16.

LK    

GOOD WHAT SHE'S TRYING 2 PULL IS WRONG Y DOES SEEM LIKE SUCH A NASTY C U N T ???

715 days ago
17.

Demi    

Timing could not be better for this issue. Europe is not saver than US. Halle " Dingle ". berry just needs to stop trying to be a pig on her own daughter's life. I bet if that Gabriel guy could speak about all of her crazyness... She would be in trouble.

715 days ago
18.

noel    

Everytime a interracial couple breaks up it's the black persons fault. I believe Halle 100%, and Heidi Klum and Kobe's wife were skanks. That's why their marriages broke up.
All these white women hating on Halle. So jealous. They can't stand that the white men want her. Look how they act when the shoe is on the other foot.

715 days ago
19.

LK    

SHE IS 1 HELL OF B ITCH JUST WAIT TILL MENOPAUSE HITS HER CAN U SAY NUTZOOOO !!!

715 days ago
20.

Max Smart    

Haha. That argument was always totally bogus. The Paps are terrible anywhere in the western world. Anyway the only reason they are remotely interested in the daughter is because of Berry's shocking behaviour towards the ex- husband and because of this court case. Her 'career' has been on the back-burner for 10 years.

715 days ago
21.

Beauty    

Halle's face looks very dry and dusty, the 'natural' look isn't working out too well, girl needs some color fast!

715 days ago
22.

FLO    

Maybe Allen Derchowitz will help Gabriel Aubrey keep his American daugter on US soil and she can fly in an visit her here.

715 days ago
23.

wow ew    

Thought about this as soon as i saw Kate and William's pics. Hm. The laws ARE stricter but the paps are a bit more evil.

715 days ago
24.

Throwback kid    

Halle Berry is a fraud with borderline personality, she always sees herself as a victim. And just like a child, when she doesn't get her way she can't stand it and acts out. She has been dealing with the paps for 20 years, it's alittle game they play, if Halle left LA and they didn't follow her what would she do then? A celebrity's biggest fear is that the attention they crave goes away and they are treated like an average person. She just wants to move out of the country to be with her boyfriend and she can't stand the fact that Gabriel won't let her have her way, so Halle uses her daughter as the reason she wants to leave. Halle should seek therapy, she is an angry vindictive woman now

715 days ago
25.

tgrfan42069    

of course a judge will rule in her favor.she is a celeb.welcome to america..where lady justice peeps through that blind fold to see money

715 days ago
26.

She's baaaack    

It used to be that being a paparazzi was almost a profession nowadaya in the USA just about any body with a camera or a cellphone, a welfare check, or illegal immigration status can be a "pap." I'm sure it's the same in France. You lose Halle.

715 days ago
27.

Damion    

What the hell. Man Halley step up the game girl. Like you use to be good at this ****. Nice ass though I saw yo photo on twitter.

715 days ago
28.

Michele    

She did a hit and run.... she only thinks of herself

715 days ago
29.

Sunset    

What TMZ is failing to point out since they are on Halle's side is that the child psychiatrist has statedt that it would be damaging to Nahla to be away from her father so if the judge wants to do what is best for Nahla based on that report alone he shouldn't let her go. Also I believe that they are fighting for custody so Gabriel could end up getting joint custody. I believe the judge can stop her from going to France and if Gabriel gets joint custody he can stop her.

715 days ago
30.

Jan    

I just saw copies of the Closer magazine for sale on Ebay. The French sellers have posted the uncensored magazine cover on EBay. Prince William needs to keep his promise of protecting his wife from the fate his mother suffered. They need to stay out of France for starters!! I doubt if the Queen will allow Harry back in the states either. Those paps are killing the tourist industry.

715 days ago
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