Halle Berry Custody

Halle Berry is banking on her custody judge giving her the green light to move to Paris with 4-year-old Nahla -- because we got pics of her checking out preschools in Paris.

TMZ broke the story ... Halle wants to move to France with her fiance Olivier Martinez and Nahla to escape the paparazzi that dogs her in the states. She also feels unsafe in the U.S. because of ongoing stalker issues and fears for Nahla's safety.

Baby daddy Gabriel Aubry is fighting the move, claiming it's bad for Nahla to sever meaningful contact with him.

The dependency court case against Gabriel Aubry has been dropped ... sources connected with the matter tell TMZ.

As TMZ first reported, Gabriel was in court today as the judge wanted to discuss various conditions for his visitation rights with 3-year-old Nahla. Parents are sent to dependency court when there are concerns over the well-being of their children.

Gabriel was hauled into court after the L.A. County Department of Children and Family Services expressed concerns about the child's safety in the presence of Gabriel.

Gabriel Aubry just showed up at dependency court in L.A. where a judge will decide if even more restrictions will be placed on his custodial rights.

Sources tell us the judge is expected to lay down a series of orders ... requiring Gabriel to do various things to ensure the safety of 3-year-old Nahla. The judge will hear from the social worker on the case as well as the attorney appointed to protect Nahla's rights.

As TMZ first reported Gabriel was hauled into dependency court following a child endangerment investigation. Gabriel can only visit with Nahla in the presence of a court monitor and the judge has imposed other restrictions as well.

What's especially significant ... once the judge establishes the ground rules for Gabriel's visitation rights, the case will go back to family court where Halle is trying to convince the judge to allow her to move to France with the child.

Gabriel Aubry wants his 3-year-old daughter Nahla to live in surroundings to which she has become accustomed ... and he wants Halle to pay dearly for it.

TMZ has learned what Gabriel wants in the way of $$$ -- and it's a lot. We've learned Aubry has filed legal docs asking the family law judge to force Halle to give him $15,000 - $20,000 a month for a proper home.

Gabriel has also asked for a laundry list of other things from Halle, including what we're told is a "very large" amount of money for the little girl's clothing, as well as money to take the child to Canada to visit his family.

We're told Halle is fighting Gabriel tooth and nail on his request. The hearing on the money issues was scheduled for Monday, but it's now been put off until April 9, in part because the family law judge wants to see what the dependency judge does to Gabriel.

If the dependency judge takes away some of Gabriel's custody rights, it would have an impact on any child support Halle would have to fork over.

Halle Berry has dumped another man ... but this one has been with her way longer than all the others -- her longtime lawyer/confidante, Neal Hersh ... TMZ has learned.

Here's the lowdown. Our sources tell us Halle wants to go after her baby daddy Gabriel Aubry with nuclear weapons -- metaphorically speaking -- and she thinks Hersh is too much of a gentleman to wage that kind of legal war, even though he has guided Halle through 2 divorces, a custody war and various other legal skirmishes.

So we've learned Halle has hired Stephen Kolodny (above), who is legendary in L.A. legal circles for the level of legal warfare she so wants. You may recall Kolodny repped Mel Gibson in his epic battle with Oksana Grigorieva -- and that got kinda nasty.

Kolodny has already gone to court with Halle. We've learned last Thursday the new duo went to dependency court to have more restrictions placed on Aubry. The dependency judge has already ordered that Gabriel can only have contact with Nahla in the presence of a monitor. On Thursday, we're told the judge voiced additional concerns and ordered Gabriel to return the child to Halle earlier than the 6 PM deadline on days he has custody.

Kolodny will have his hands full trying to convince the family law judge that Halle should be able to move to France with the child because she's concerned about paparazzi and safety.

One thing's for sure ... it's gonna get nasty.

Hersh and Kolodny could not be reached for comment.

Halle Berry's baby daddy Gabriel Aubry will not be charged after allegedly shoving his daughter Nahla's nanny ... while the woman held Nahla in her arms -- TMZ has learned.

TMZ broke the story ... Gabriel flew off the handle last month when the nanny questioned him about not taking Nahla to school one day. According to the battery report, the nanny picked Nahla up during the confrontation, and Gabriel allegedly shoved her out the door with Nahla still in her arms.

But L.A. City Attorney spokesman Frank Mateljan tells TMZ ... Gabriel will NOT be charged because of "insufficient evidence."

After hearing the good news about Halle's stalker being re-captured by authorities, the gang hit up Nobu Saturday night.

Nahla looked pretty comfortable with Olivier ... tightly embracing the guy as he carried her out to the car.

We're told DCFS conducted an interview with Nahla, who talked about her father and described incidents involving him screaming at her -- and how it made her extremely frightened.

Our sources say DCFS has information about Gabriel yanking the child out of the nanny’s hands, allegedly pushing the nanny while holding the child, and putting the child in harm’s way while Halle was shooting a movie in Europe.

As TMZ previously reported, the Dependency Court ordered that Gabriel can only have contact with his daughter in the presence of a monitor to ensure the safety of Nahla. But we're told that is just the beginning ... there will be numerous other hearings, as well as additional requirements that Gabriel must fulfill, which will include various forms of counseling.

As we reported earlier, Gabriel agreed to anger management counseling ... but we're told the Dependency Court will order more than that.

Just a note ... Dependency Court is different from the family court where Gabriel and Halle have been frequent visitors over the past year. Dependency Court is designed specifically to protect a child when there are signs of neglect or abuse. Being hauled into Dependency Court is far more serious than a family law skirmish.

Gabriel Aubry is being watched ... watched by a monitor whenever he's with Nahla ... 'cause a judge ruled he can't be trusted with the child alone, at least for now.

TMZ broke the story ... Halle Berry's baby daddy was ordered into Dependency Court today after the L.A. Department of Children and Family Services concluded its investigation. As we reported, DCFS not only looked at an incident in which Gabriel allegedly pushed a nanny while she was holding Nahla, but other incidents as well.

We're told DCFS had information that Gabriel had yanked the baby from the nanny's arms on at least one occasion and screamed at Nahla multiple times.

We're told DCFS had extensive information that it had reviewed and then recommended a monitor for Gabriel when he has Nahla.

Gabriel Aubry has been orderd to appear in Dependency Court because authorities are concerned about his ability to safely care for his child ... TMZ has learned.

Aubry is in court right now and the appearance was triggered by the L.A. County Dept. of Children and Family Services' investigation into allegations that Aubry is guilty of child endangerment.

Sources tell TMZ ... the DCFS investigation goes beyond an incident in which Gabriel allegedly pushed the nanny who was holding 3-year-old Nahla.

We're told DCFS is concerned about Nahla's safety in the care of Gabriel and that is why he was ordered to appear in Dependency Court.

We're told no ruling has been handed down ... yet.

Halle Berry does not want to leave the U.S. for France with daughter Nahla because the food is so good over there ... she wants out of this country because she fears for her life and the life of her child.

TMZ broke the story ... Halle is asking a judge for permission to move to France with Nahla ... something Gabriel Aubry is trying to block.

We've learned there have been and are serious threats to Halle's life and she feels the move is a life or death situation.

Law enforcement sources tell us ... Robert Hoskins, a mentally unstable man, escaped from a mental institution last week.

We've learned he has made threats against Halle's life -- specifically to "slit her throat."

Hoskins is no stranger to the law -- he has threatened to slit Madonna's throat in the past and was actually shot by her bodyguard in 1995 after he trespassed onto Madge's property.

And as we first reported, another stalker who recently trespassed onto Halle's property multiple times has just been released from jail.

Friends of Halle tell us ... she is particularly concerned because Starmaps and some Hollywood bus tours literally take tourists to her doorstep.

And Halle's friends say ... the actress is very concerned that baby daddy Gabriel Aubry is parading Nahla in front of paparazzi almost daily and possibly putting her in harm's way.

Halle Berry was not engaged to Olivier Martinez when numerous outlets reported she was back in December -- but we found out ... SHE IS NOW!!!

You'll recall, after Halle sported a big ol' ring that Olivier Martinez gave her everyone jumped to false conclusions -- but it was NOT an engagement ring.

But we've learned Halle did become engaged to Olivier sometime after the first of the year.

The engagement is significant because Halle is asking a judge to allow her to move to France with Olivier and 3-year-old Nahla.

TMZ broke the story, Halle wants to make the move and baby daddy Gabriel Aubry vehemently objects.

In California and most states, a judge would look at the stability of the parent's relationship and a marital relationship is far more impressive than boyfriend and girlfriend.

Halle Berry is asking the judge in her custody war for permission to move to France with Nahla -- and baby daddy Gabriel Aubry is saying ... over my dead body.

TMZ has learned Halle filed papers with the court requesting the move and the hearing is pending. Sources tell us Gabriel is livid because he believes the move is punitive and designed to strip him of any contact with his daughter.

And Gabriel is particularly upset because Halle's longtime boyfriend Olivier Martinez will be living with Halle and Nahla if the move is approved ... informed sources tell TMZ.

Halle could have an argument that it's safer for Nahla to be in Europe ... especially because her latest stalker -- who broke onto her property multiple times -- has recently been released from jail.

Now there's pictorial proof of what we told you Friday ... that Gabriel Aubry did not lose temporary custody of his child while authorities investigate him for alleged child endangerment.

The judge in the Halle Berry, Gabriel Aubry custody war issued a series of rulings Friday -- among them, he rejected Halle's request for a restraining order temporarily blocking all contact between Nahla and Gabriel.

TMZ has learned the judge in the Halle Berry, Gabriel Aubry custody war has issued his ruling, and we're told Gabriel will not lose custody of Nahla while he's being investigated for child endangerment.

But, we're told, that's not the end of the story. The ruling is complicated and there could be dramatic changes in the custody agreement.

Halle Berry and Gabriel Aubry are going about their business today ... but they are both on pins and needles waiting for the judge in their custody case to lay down the law on how they will be parenting 3-year-old Nahla.

Halle was walking on crutches with BF Olivier Martinez in West Hollywood this AM, while Gabriel was taking Nahla to school.