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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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31.

GiGi    

I think some of you guys are missing the point. Gabriel Aubrey is not comparing her to the royalty out in there in the UK. He's simply refuting her claim that paparazzi is not as aggressive in the UK by bringing up notable cases in which people were harassed and stalked by paparazzi; he's not comparing her to the royal family. Do you people read and analyze what you read or do you just type for the hell of it? Common sense. Basic 3rd grade reading comprehension.

708 days ago
32.

just because    

halle berry is such a b word and c word....look at this video from the black guy charles and the asian guy from the genius machine

708 days ago
33.

just because    

http://youtu.be/cW1L1RVvwpI

708 days ago
34.

just because    

liked her better topless in swordfish movie

708 days ago
35.

just because    

look at her daughter skipping all happy loving the attention and halle berry is on her period or something

708 days ago
36.

just because    

a mother going through menopause is one hell of a roller coaster

708 days ago
37.

ManiacalZebra    

Sure, she has the right to move and she's had primary custody, but what is being reported is that paps are the primary basis for this move, and Kate's pictures are proof that she likely won't be free of paps anywhere.

708 days ago
38.

bb    

TMZ. Halle Berry has nothing to do with the royal family...NOTHING. Don't go giving her ideas.

708 days ago
39.

Bippie3    

I guess her lawyers will be having a busy weekend trying to come up with another excuse to move to France.

708 days ago
40.

Cricket    

I'm getting pretty sick of this story. Let her go to France, good riddance. I know they are both arrogant, self-centered people, but surely France is big enough for both Halle and Gabriel. Plus, if he's a model, wouldn't France be a good place to live? It's not like he has a stellar career holding him here. And thanks to the Wright Bros. he could fly back for U.S. jobs. Idiots! Stop arguing and raise your daughter.

708 days ago
41.

Diamond Goddess!    

Halle Scary needs to WAKE UP!!!
Olivier is going to pump 'n dump her like he's done to a long line of younger talent! He'll get tired of her cray-cray shiz, just like all the others have.
Way to NOT think of the best interests of your daughter, Halle!
Just 'cuz your daddy abandoned YOU, do NOT perpetrate that on your daughter.
Cooze!!!

708 days ago
42.

LightJ    

Man f uck this b!tch and why do you always side with ****s tmz? Tired of it. She has primary custody automatically because she is the mother and she tries everything to take Nahla away from her father. So your dumb@ss statement is irrelevant and wrong. And Halle is a dumb b!tch, I don't know why she would even be aloud to go. He has a right to see the kid if he wants to and France is not as great as she claims. She is just being selfish and wants to take and f uck around with her fugly dude. If all these other celebrities can stay in the U.S. with their kids, why can't she?? She wouldn't even be a big deal right now if she would knock off this court sh!t. No one gives a sh!t about this chick.

708 days ago
43.

SpeakTheWord    

Fck Muhammad in the azz...

708 days ago
44.

SpeakTheWord    

Gonna burn me a Quarn today

708 days ago
45.

Phreaky    

If the attorney is going to bring up the latest France/paparrazi scandal, someone needs to point out there is a HUGE difference between European royalty (while in Europe) and some actress from America. But that being said, it's not Nahla's fault Halle is bat sh!t crazy and can't get along with her ex. That little girl will grow up and hate her mother for what she is trying to do. Oddly, I think Halle knows this and just doesn't care.

708 days ago
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