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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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46.

Jayne    

When all is said and done, Halle is just a vindictive bitch. This is all about revenge, and nothing about Nahla. Halle should be ashamed of her behavior.

664 days ago
47.

wendy    

your making something that does not exist...look at kellt rutherford's situation. just because harvey had a thought and printed it, as he does alot, does not make it so.

664 days ago
48.

Etten11    

Some children have fathers that could care less and this woman wants to keep fighting a father that wants to be a father. http://www.thisgirlzworld.com

664 days ago
49.

Sherron    

This French man she is engaged to should take a long look at her behavior. She may well treat him this way some day if they have kids!

664 days ago
50.

Sherron    

What kind of mother takes a child away from the father? First of all this relationship won't last, as soon as this French man sees her temper this relationship will be over just like her other ones!! But you can bet the judge won't look out for the best interest of the child because we all know $ talks!

664 days ago
51.

MsRita    

Harvey you are a Lawyer you know damn well she can't even move another State without Gabbi's permission. WTH who is writing this crap..

Both Parents have to be in agreement not going to happen even a different Country.

664 days ago
52.

Kriss    

"more gentile"...seriously?

664 days ago
53.

Nwvotes    

Do you think the french tabloid that posted top-less photos of Kate Middleton on a private vacation had the right to do so? Vote at Nationwidevotes.com

664 days ago
54.

bozzman    

halle berry should have done jail time for her hit and run. and before kate, princess di was killed by fleeing paparazzi in paris. halle makes no sense, give that dude full custody

664 days ago
55.

Who Knew    

Called it on the first story about these pictures and got hate, go figure. May it's my big ol stinky herpified beaver.

664 days ago
56.

scoopie    

She's not French, so this is more about punishing her ex. Diva.

664 days ago
57.

Mya    

HALLE BERRY AND SELMA HYAK STATED THAT THERE ARE LAWS IN FRANCE THAT 'BETTER PROTECT' CHILDREN FROM THE PAPS, NO CELEBS! TMZ CHECK YOUR FACTS OR SIMPLY READ THE OLD STORIES ABOUT THIS CASE, YOU PRINTED IT YOURSELF !

664 days ago
58.

BC    

i dont think Halle has anything to worry about. BIG difference between her & Kate.

664 days ago
59.

CANDICE_L    

If Kate is successful against the paps, Halle will have no problem. Too many haters commenting....

663 days ago
60.

Sincerity    

Realistically, comparing Halle Berry to Kate Middleton is like comparing "APPLES TO ORANGES"!!! They're simply not in the same stratosphere, celebrity wise nor would the royal couple be considered "UNDER AGED MINORS". Halle Berry prefers the "STRICTER LAWS" in France as they pertain to photographing the children of celebrities. As far as Gabriel Aubry is concerned, he would be much better off trying to meet Halle Berry at least "HALF WAY" since she's footing "ALL THE BILLS"!!! Private Mediation may be a much better alternative instead of depending upon the judge to make a ruling. Given, Gabriel Aubry's do***ented, shortcomings, there's no compelling reason for him to rule in HIS FAVOR!!! Furthermore, he's not tied, professionally, to the United States and you would think someone who proclaims to be a "TOP MALE MODEL" who's in demand, would love to spend time in Europe where the majority of the best known designers reside.

663 days ago
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