Halle Berry Custody

Halle is all but confirmed to star opposite Samuel L. Jackson in "The Mountain Top" -- a play set to open on Broadway this Fall which is scheduled to run for around four months.

Our sources say Gabriel is ready to raise the same stink he made over Halle going to NYC to film "New Year's Eve."

TMZ broke the story ... Gabriel was shot down when he asked the judge to prohibit his baby mama from taking their daughter Nahla to NYC for the "New Year's Eve" shoot -- which will last 1 week.

As for whether he'll be more successful in keeping Nahla from going to Broadway with Halle -- it's doubtful. The argument -- "You knew what you were signing up for" -- is awfully compelling.

The day after a judge ruled that Halle could take Nahla to NYC while she shoots her new movie -- Gabriel Aubry got in some quality father-daughter time with the 2-year-old in the company of lions and tigers and bears.

Sources connected with the former couple tell TMZ ... Gabriel Aubry told Halle he would not let her take Nahla to New York City to shoot a movie. We're told Halle agreed to put Gabriel up in a fancy hotel during the 1-week shoot so he could be with the kid, but he said no.

Gabriel -- who isn't working right now -- responded this way: "Why do I have to follow her? She can leave [Nahla] here."

TMZ broke the story ... a Los Angeles County Superior Court judge ruled Wednesday that Halle could take the baby with her.

Friends of Halle say Gabriel knew what he was signing up for when he impregnated her and he's just acting out of spite.

Halle -- who dropped out of the film, "New Year's Eve" to battle Gabriel in court -- was offered another role in the flick and that's why she's going to NYC. We're told she'll take the trip in 2 weeks.

Sources tell TMZ ... Gabriel was trying to block Halle from going to NYC to shoot "New Year's Eve" -- the movie from which she withdrew in order to deal with her custody issues over Nahla.

After hearing arguments this morning from both sides -- as Halle looked on -- the judge gave her the green light to travel to New York with her kid. We've learned she won't take back the role that was given to Katherine Heigl, but she'll play another character in the movie.

Halle's lawyer, Neal Hersh, tells TMZ, "We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue."

Hersh added, "Halle is very pleased with the judge's order."

We're told Halle is going to NYC soon, but not this week.

As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action. Paternity cases are not open to the public.

Bottom line ... it's a bitter dispute, but Halle won this battle.

Lawyers for both sides have already spoken with the judge in chambers.

Halle is currently conferring with her lawyer, Neal Hersh, in the courtroom.

Stay tuned...

Sources connected with the former couple tell TMZ ... whenever Gabriel would read a story about Nahla that referred to her as "black," he would go off, insisting his baby was white. We're told Gabriel would tell Halle and others they should demand a "retraction" when such references were made regarding his daughter.

As TMZ previously reported, sources tell us Gabriel has called Halle the "N" word -- and one woman previously involved with him referred to him as a "borderline racist."

We're told two-year-old Nahla cannot communicate what scares her so, but Halle believes her daughter has made it clear -- something happens when she's in Gabriel's care that upsets her to the extreme.

Sources say Halle doesn't know specifically what goes on when Nahla is with Gabriel but she's convinced it's unhealthy.

We're told ... in addition to calling her the "N" word, he would also call her a "f**king bitch" and other expletives. And the vulgarities are not limited to face-to-face confrontations. There are vulgar text messages as well.

As one source told TMZ, "He constantly demeaned her. It was awful."

Gabriel's reps have not returned our calls.

Halle and Gabriel are locked in what has turned into an epic custody war. Sources tell us ... while Gabriel was dating someone last year ... he claims Halle would call, screaming and swearing at him in a jealous rage.

Gabriel is claiming ... when he went to London and South Africa with Halle and Nahla last August when she was shooting a movie, Halle would sometimes not return for days, when she was supposed to care for the toddler.

Gabriel also claims Halle cares more about dating than parenting.

But our sources say Halle says it's the opposite -- that Gabriel is petty, jealous and irresponsible. But the most serious allegation ... we're told Halle believes Gabriel put Nahla in immediate harm's way by being inattentive while the child was in his care.

Sources familiar with the case tell TMZ ... Aubry has complained when Halle leaves town it interferes with his ability to be a father. Accommodations were made for Gabriel to accompany Halle and Nahla to London last August after he complained.

Sources say the couple has never gone to court to establish custody and visitation rights. They have tried working it out between themselves, but the situation has now become impossible.

TMZ broke the story ... Gabriel filed for paternity last month. Officially we're being told it was a formality. In fact, it was a prelude to what has become a bitter custody fight.

Halle's rep tells TMZ, "Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her."

According to the rep, Halle will go to court and has canceled an upcoming film production in New York this week to handle the matter.

TMZ has learned Gabriel Aubry filed a paternity petition on December 30, 2010.

Here's what we know. Sources say Gabriel was afraid things were going to get rocky in establishing who gets to spend time with the 2-year-old, so he wanted to protect his rights.

Turns out ... we're told whatever differences Halle and Gabriel have ... they've been pretty much worked out.

Our sources say the former couple has not filed for child custody, visitation or support and they don't plan to file -- they have an arrangement they worked out between the two of them and don't feel the need to go to court.

One source told TMZ ... on a scale of 1 to 10, with 10 being nuclear war ... Halle and Gabriel are a 2.

Halle and Gabriel worked out a "very short-term custody arrangement," a very connected source tells TMZ. But when they worked out the arrangement they had not split, though they were clearly having problems. Neither Halle nor Gabriel have tried to make the arrangement permanent for 2-year-old Nahla.

Neither of them have gone to a lawyer to formalize any type of long-term agreement, so despite the fact they have split, there is no custody arrangement or property settlement agreement.

We are told, however, by sources close to the situation, that Halle and Gabriel are "working well together" and are handling parental duties without conflict.

We are told the long-term plan is to share custody but nothing has been formalized in writing.

UPDATE: We're told Halle and Gabriel have agreed to several short-term custody arrangements while they sort things out. They have renewed them each time they have expired and are still working under a short-term agreement but no permanent agreement has been struck.