Halle Berry Custody

Halle Berry has had it with baby daddy Gabriel Aubry ... claiming he has been living ENTIRELY off child support, and she is asking a judge to STOP the gravy train.

TMZ has learned ... Berry filed legal docs asking the judge in their custody case to reduce her monthly child support obligation from $16,000 a month to just over $3,000 a month.

Halle claims in her legal docs ... Gabriel has stopped working and is content to live off of the child support, and that's an abuse of the system.

She notes Gabriel is perfectly capable of getting a job ... and by reducing the support it will allow 6-year-old Nahla to live a comfortable life ... supplemented by his income.

Halle and Gabriel have joint custody ... each has the kid around 50% of the time.

We contacted Gabriel's rep ... so far, no word back.

Halle Berry's checkbook is about to get a workout ... she's going to start paying baby daddy Gabriel Aubry $16,000/month in child support -- which comes to almost $200K a year.

A judge signed off on a settlement involving their custody dispute over 6-year-old Nahla.

L.A. Superior Court Judge Scott Gordon also ordered Berry to pay Aubry a retroactive payment of $115,000. And get this ... she also has to pay him $300,000 in attorney's fees.

Halle Berry gave birth to a baby boy Saturday ... and now the pressure is on all of the adults to make sure there are no more Thanksgiving Day bloodbaths.

Halle delivered the baby where many celebs do .. Cedars-Sinai Medical Center in L.A.

So here's the rub. The new baby daddy is Halle's new hubby, Olivier Martinez. But there's a second baby daddy in the pic -- Gabriel Aubry, father of 5-year-old Nahla.

Nahla spends most of her time with Halle and Olivier, but Gabriel is an involved, good parent -- with a temper. Olivier also has a temper, and deadly hands.

The baby and Nahla are going to bond, and it's going to be more difficult now for Nahla to "disappear" when she's with Gabriel.

The question -- are the adults going to behave.

Stay tuned.

Gabriel Aubry is really shouldering the burden of fatherhood -- giving his 4-year-old daughter Nahla an adorable piggyback ride in L.A. yesterday ... after picking her up from school.

And there's plenty more where that came from -- because as we reported, Gabriel will NOT be criminally prosecuted for his involvement in a Thanksgiving Day brawl with Halle Berry's fiance Olivier Martinez ... as long as he keeps his nose clean for a year.

Worth noting ... neither Halle nor Olivier wanted to press charges against Gabriel over the fight because they didn't think it would be in Nahla's best interests.

Gabriel Aubry is ready for his close-up again ... just a short month-and-a-half after his pretty boy face got bashed in by Olivier Martinez on Thanksgiving Day.

The model was still a little puffy when he arrived at LAX last night -- but looked much more like the guy who bagged Halle Berry 7 years ago ... instead of a guy who went 4 rounds with late 80s Mike Tyson.

Yesterday was exactly 6 weeks after the brawl that erupted at Halle's house as Gabriel dropped off Nahla.

Gabriel Aubry is in the clear in the Thanksgiving Day brawl at Halle Berry's house ... with one string attached.

TMZ has learned ... the L.A. City Attorney conducted two office hearings -- one where Halle and Gabriel's sparring partner Olivier Martinez showed up together and another where Gabriel showed up alone on a different day.

Sources tell TMZ ... the case has now been resolved and Gabriel will not be criminally prosecuted, PROVIDED he keeps his nose clean for a year.

TMZ previously reported ... anger management was on the table as a possible condition to avoid prosecution, but the City Attorney has a policy of neither confirming nor denying specifics.

Halle Berry and fiancé Olivier Martinez are looking to make their Christmas more peaceful than their Thanksgiving ... so they're jetting off to France for the holidays.

The happy couple was seen yesterday at LAX, sans Nahla, who is staying with daddy Gabriel Aubry for a few days before joining Halle in France later.

Halle Berry and Olivier Martinez took a break from custody fights (and physical ones) to visit the happiest place on Earth (adjacent) ... taking in a showing of Disney on Ice at the Staples Center last night.

The peaceful couple sat right up front, with Nahla seated on Halle's lap (see below).

The last time Halle had a seat that good ... her fiancé was beating her baby daddy senseless.

Gabriel Aubry was officially told today what we already reported ... he will NOT face criminal charges for the Thanksgiving Day fight with Halle Berry's fiance.

Instead, the L.A. City Attorney's Office has decided to hold an informal hearing with Gabriel to discuss his brawl with Olivier Martinez.

TMZ broke the story ... Halle, Olivier and Gabriel's attorneys all agreed to settle the matter and avoid a messy criminal trial.

As we told you, investigators believe Gabriel was actually the aggressor ... despite getting his face bruised and bloodied during the the fight.

Gabriel could end up getting anger management classes after the City Attorney hearing -- or simply told not to do this again.

The verdict is in as far as cops are concerned ... Gabriel Aubry was clearly the instigator of the Thanksgiving Day brawl at Halle Berry's house

Law enforcement sources tell TMZ ... detectives are now clear on what they believe happened -- Gabriel committed two batteries on Olivier Martinez before Olivier lifted a finger to defend himself.

As TMZ first reported, as Gabriel deposited Nahla at Halle's house Olivier walked out and said, "We have to talk."

Based on interviewing the principles and witnesses, detectives have concluded Gabriel then pushed Olivier (battery #1) and swung at his face, making contact with his shoulder (battery #2).

Cops say at that point, Olivier responded in self defense with 3 quick punches to the face.

What's more, law enforcement sources tell us they are "concerned" about what they believe are "Gabriel's ongoing anger issues."

As one law enforcement source put it, "It seems he's still having a hard time getting over his break up with Halle."

But here's the good news for Gabriel -- we've learned Halle and Olivier have both told detectives and prosecutors they do not want Gabriel charged with a crime because they do not believe it would be in Nahla's best interests.

Gabriel Aubry and Olivier Martinez share more than just Halle Berry in common -- they're both easy on the eyes.

The question is ...

It's pretty remarkable, but a week after nuclear war at Halle Berry's house which left Gabriel Aubry's face a bloody mess, they have figured out a path to peace ... and the clearest evidence is that Gabriel's lawyer just went to court and dropped his restraining order against Olivier Martinez.

It happened just a few minutes ago. Shawn Holley, Gabriel's lawyer, told the judge her client no longer needed to keep Olivier away from him.

As TMZ first reported ... the parties struck an agreement Thursday to end their mega-dispute, which revolves around 4-year-old Nahla.

The remaining issue ... Olivier made a citizen's arrest after the fight and the case is going to the L.A. City Attorney for review. We're told it's "highly unlikely" Gabriel will be prosecuted.

Gabriel Aubry spent some long-awaited quality time with his daughter Nahla today ... for the first time since he and his baby mama Halle Berry called a truce.

As we previously reported, Halle agreed to drop the restraining order that prevented Gabriel from having any contact with his 4-year-old daughter.

Gabriel was still sporting shades during the meeting ... covering up the shiner he received at the hands of Halle's fiance Olivier Martinez during a Thanksgiving Day brawl at Halle's place.

Gabriel Aubry and Halle Berry have reached a truce in their war over that Thanksgiving Day blowout between Gabriel and Olivier Martinez -- and their lawyers announced the peace accord with the simplest possible statement.

Halle's attorney Blair Berk just walked into the hallway outside court, and held up a piece of paper with this handwritten message: "The parties have reached an amicable agreement. There will be no further statements regarding this matter."

The statement came from Berk and Shawn Holley, Gabriel's attorney.

As TMZ first reported ... both sides were working hard to hammer out an agreement, and went into court today to present their terms to the judge.

There are strong signs ... Gabriel Aubry, Halle Berry and Olivier Martinez have called a truce in their Thanksgiving Day war ... TMZ has learned.

The big, big guns just showed up in family court ... Blair Berk, who reps Halle, and Shawn Holley, who reps Gabriel. Sources familiar with the situation tell TMZ ... Berk, Holley and other lawyers spent hours yesterday trying to resolve the differences that led to the explosion of anger in Halle's driveway.

Berk and Holley straddle both areas of the law -- criminal and family -- and them showing up together is a sign they may have reached a peace accord. We're told Halle and Olivier will not be present in court, so it's highly unlikely either side is asking for an extension of a restraining order since the key witnesses are not there to testify. Gabriel just showed up wearing sunglasses.

It would appear the lawyers will talk to the judge about the terms of a settlement.

Halle Berry has VERY quietly listed her Hollywood Hills mansion for $15 million ... the same home where Gabriel Aubry and Olivier Martinez faced off in a violent Thanksgiving Day showdown ... TMZ has learned.

Multiple real estate sources familiar with the deal tell TMZ ... a few weeks back Halle gave a prominent realtor a pocket listing -- a fancy term for property that isn't advertised. The broker -- Billy Rose with the high-end company, The Agency, has history with the house. He owned it a decade ago, renovated it and then sold it to actor Frankie Muniz, who sold it to Halle several years later.

Sources tell TMZ ... Rose has quietly put out feelers to other realtors and potential buyers ... with some success. We're told last week Halle got an $11 million offer, but she's holding out for more.

In case you're in the market, it's a 5-bedroom, 5,900 sq. ft. Tuscan-style estate, with a huge backyard, a 1,400 sq. ft. guest house ... an awesome pool and spa ... fireplaces galore ... incredible landscaping ... and oh yeah, a motor court -- where Gabriel and Olivier settled their score.