Halle Berry Custody

One day after a mildly eventful Thanksgiving at home, Halle Berry took her daughter Nahla to see Yo Gabba Gabba at the Nokia Theater in Downtown L.A.

As TMZ first reported, Gabriel Aubry (Halle's baby daddy) was arrested Thanksgiving morning after a melee at Halle's house, which sent both Gabriel and Halle's fiance, Olivier Martinez, to the hospital.

6:33 PM PT -- Gabriel has been released from custody.

5:55 PM PT -- Gabriel has been booked for misdemeanor battery. According to his booking sheet, he's listed as 6'2" and 180 pounds. He's still in custody and his bail has been set at $20,000.

5:30 PM PT -- Sources tell TMZ ... when Gabriel and Olivier started going at it, Halle rushed Nahla inside the house so she missed the brutality.

3:35 PM PT -- Gabriel has been released from the hospital and is currently at an L.A. jail where he is being booked. Olivier has also left the hospital and has returned to Halle's home.

Gabriel Aubry was arrested Thanksgiving morning after a melee at Halle Berry's house, which sent both Gabriel and Halle's fiance Olivier Martinez to the hospital ... TMZ has learned.

Law enforcement sources tell TMZ ... Gabriel showed up to Halle's house with Nahla for a custodial hand-off. We're told Gabriel was still in the motor court (a rich person's word for a giant driveway) when Olivier walked up to him and said, "We have to move on."

According to witnesses, Gabriel then pushed Olivier and threw a punch at his face, but Olivier blocked it and the punch struck him in the shoulder instead. We're told Gabriel then pushed Olivier to the ground, and Olivier cold-cocked him in the face, and a struggle ensued, ending with Olivier pinning Gabriel to the ground.

In the struggle, Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury. Olivier may have broken his hand and suffered neck injuries as well. There are conflicting accounts as to whether Gabriel was rendered unconscious in the fight.

Police were called and Olivier made a citizen's arrest for battery against Gabriel. Gabriel was escorted to the ER and, ironically, Olivier went to the same ER an hour later. The two were just down the hall from each other.

Law enforcement sources tell TMZ ... a judge has issued an emergency protective order, which requires Gabriel to stay 100 yards away from Halle, Olivier, and Nahla.

And finally, there's this ... specifics about the argument between Gabriel and Olivier are sketchy because they were trash talking each other in French.

It's pretty shocking -- considering Gabriel was out with Nahla just last night for a movie date at the Grove.

Halle Berry and Olivier Martinez didn't waste any time after Thanksgiving dinner at a friend's house last night -- beating a hasty retreat back home in the wake of Olivier's blowout fight with Gabriel Aubry.

TMZ broke the story ... Gabriel was arrested for misdemeanor battery yesterday after a violent showdown with Halle's fiance at the actress' home.

Both Gabriel and Olivier went to the hospital after the fight -- we're told Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury.

Meanwhile, Olivier roughed up his hand ... but appears to have emerged victorious in the melee.

Halle Berry just lost big in court -- a judge has ruled she cannot permanently move her 4-year-old daughter to France ... TMZ has learned.

Halle had been fighting tooth and nail with her baby daddy Gabriel Aubry to bring Nahla to Paris, where Halle wants to live with her fiance Olivier Martinez.

Halle argued the L.A. paparazzi scene made life in California too dangerous for her and her daughter -- but today the judge in the case ruled in favor of Gabriel, refusing to let Halle jet to France with their kid.

The full details of the ruling are unclear -- but one thing's for sure ... Halle did NOT get what she wanted.

It's decision time in Halle Berry's custody war with Gabriel Aubry -- the two just walked in to an L.A. courtroom where a judge will decide once and for all if Halle can move to France with Nahla.

Halle and Gabriel have been at war for months ... with Halle claiming their daughter Nahla will be safer in France because of stricter paparazzi laws.

Gabriel has called BS ... claiming it's unfair for Halle to take his daughter thousands of miles away, making it extremely difficult for him to be a part of Nahla's life.

The judge ordered both parties to court today so he could deliver the news to them face-to-face.

The judge in Halle Berry's custody case -- in which she is asking for permission to take Nahla to Paris permanently -- is ready to rule, and the decision could come down this week ... TMZ has learned.

Sources connected to the case tell us ... lawyers for both sides have wrapped their case and the judge has been noodling over his decision.

Sources say the judge has told both sides, he does NOT want to send them a written decision. He wants both sides to appear in court so he can tell them all at once what he's decided.

Halle, we're told, is frustrated because she wants to get on with her life, but it looks like she won't have a long wait. Our sources say the decision could come down Friday -- IF the judge can get everyone together.

Halle Berry and Gabriel Aubry have apparently put their custody war on hold ... to honor the sacred tradition of Halloween pumpkin carving.

The two were spotted at a pumpkin patch in Moorpark, CA today -- with Halle walking Nahla around the grounds to hunt for the perfect gourd.

According to multiple photo agencies, both Halle and Gabriel were at the patch AT THE SAME TIME ... however, we have yet to see a shot of the battling exes in the same frame.

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.

Halle Berry has a secret witness she's going to call to the stand to support her bid to take Nahla to Paris -- her fiance, Olivier Martinez.

Sources close to the case tell TMZ ... Halle's lawyer will ask Martinez -- a famous actor -- about his experience with paparazzi in Paris. Martinez will say the photogs are far more respectful and less aggressive in gay Paris than their counterparts in the US of A.

Martinez will also discuss their living arrangement and his involvement with Nahla. He will also tell the judge that Halle is a class A mother.

Halle Berry and Gabriel Aubry's child custody trial was just interrupted by paramedics rushing into court ... TMZ has learned.

A pair of EMTs was seen entering the courtroom with a stretcher -- but about 10 minutes later they exited ... and the stretcher was empty.

It's unclear what the emergency was, or who needed medical attention -- but a law enforcement source tells us everyone is okay now ... and it was NOT Halle or a witness who got treated.

Gabriel had already left for the day when the paramedics arrived.

Halle Berry faces the same tragic fate as Princess Diana if she moves to France -- so said Gabriel Aubry's attorney in L.A. court ... TMZ has learned.

As we reported, Halle and Gabriel are embroiled in a court battle over whether Halle should be allowed to move to France with the ex-couple's daughter Nahla. Halle believes the kid will be better protected from aggressive paparazzi in France ... thanks to the country's strict anti-pap laws.

But Gabriel's attorney argued Halle and Nahla would be walking right into the lion's den -- because France is the same country where Princess Diana was killed in a wild paparazzi car chase back in 1997.

Halle's lawyer called several French lawyers -- who testified that French judges will nail any photog who goes after a celeb.

Under French laws, paparazzi can't photograph celebrities who don't want their pictures taken -- even if they're out in public.

Photogs who violate the law can be sued for big bucks, and if they harass the celeb they can be criminally prosecuted.

Halle Berry is locked in a bitter custody trial with baby daddy Gabriel Aubry. Halle is asking the judge to let her move to Paris with Nahla, and Gabriel is saying, "Over my dead body." So we gotta ask ...

Halle Berry has an ace up her sleeve in her child custody war ... her good friend Salma Hayek ... and Halle believes her sexy friend could help her convince a judge that moving to France is necessary for her and Nahla.

TMZ has learned ... Halle's lawyers just filed a declaration from Salma ... in which the actress says she knows firsthand that France is a much safer place for a celebrity because of tougher paparazzi laws.

In the declaration, Salma -- who's married to a French billionaire -- tells the court ... she spends a ton of time in France with her young daughter Valentina ... and doesn't have to deal with the kind of paparazzi crushes she gets when she's in the United States.

As we previously reported, Halle wants to move across the pond with her daughter and fiance to escape the constant paparazzi attention and recent intruders at her L.A. home.

Case in point -- Salma and Halle went to dinner together in Hollywood last night ... and walked right into a paparazzi flash storm as they exited the restaurant.

12:50 PM PT -- Court update: they're still doing opening statements. The judge just broke for lunch.

10:00 AM PT -- It's on. Halle just arrived at court. Gabriel is there too.

Halle Berry is going to court today to convince a judge to let her move to Paris with 4-year-old Nahla -- over the vigorous objections of baby daddy Gabriel Aubry -- and Halle's secret weapon is the paparazzi.

Halle will try to prove it's unsafe for her to continue living in the U.S. because the paparazzi have created extreme danger for her and Nahla. We've been in touch with various paparazzi agencies and know Halle's lawyer, Stephen Kolodny, has been on the hunt for video he can show the judge ... hoping to show Halle and Nahla being "terrorized" by aggressive photogs. The trial will become a video presentation, which will include a crazy scene where Halle had to call the Beverly Hills Police so she and Nahla could make an escape from a restaurant.

Ironically, Halle has subpoenaed her arch-enemy, paparazzo Andrew Deetz. You'll recall, Halle went nuclear on the guy (see video) after he dogged Nahla at her school. Sources connected with Deetz tell TMZ ... Deetz has not only been subpoenaed, he will gladly testify it's his job to be uber-aggressive.

And we've spoken with sources connected with expert witnesses who will testify Halle and Nahla will get safe haven in France, where it's a crime to harass celebrities in public.

Kolodny did not return our calls.

TMZ will be in court for the fireworks.

Sources connected with Gabriel tell us ... the model knows Kolodny will also set his sights on him, painting him as a lousy human being.

Some of Halle Berry's "New Year's Eve" money will be going to baby daddy Gabriel Aubry, because a judge has just ordered the actress to shell out nearly a quarter of a million bucks a year in child support.

Lawyers for Halle and Gabriel were in court Monday, and sources connected with Gabriel tell TMZ ... the family law judge ordered Halle to pay Nahla's daddy $20,000 a month.

Although Nahla is 4, until Monday there was never a child support order issued by a judge, but now one is in place.

We're told both sides are still at war, and they will soon be battling in court over whether Halle can take Nahla and move to Paris.

The 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.