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Actor Jason Patric is embroiled in a bizarre custody war, in which he donated sperm so his ex-girlfriend could have a baby, but according to the deal she could never tell anyone or ask for financial support.

TMZ has learned the facts surfaced in a court hearing earlier this month -- Patric was with on-again-off-again girlfriend Danielle Schreiber for more than a decade. They broke up in early 2009, and he allegedly told her that he didn't have any money to give her but he would give her the next best thing -- his sperm, so she could have a baby.

We're told Jason made it clear ... he would only provide his sperm if she didn't breathe a word to anyone and never asked him for child support. She agreed.

Baby Gus was born in December, 2009. In 2011, Jason and Danielle got back together but it didn't last long. They broke up in May, 2012.

Apparently, while they were together, Jason, who never paid Danielle child support, took a liking to Gus, because he filed legal docs in family court asking a judge to award him 50/50 custody.

But there's a little known law which says if an unmarried man artificially inseminates an unmarried woman with the help of a physician, he's NOT legally the dad and has no custody rights.

The judge has given Danielle temporary sole legal and physical custody of the boy. Jason has visitation rights. We're told Danielle is fine VOLUNTARILY giving Jason the right to spend time with the boy, but objects to a judge ordering visitation -- she doesn't believe Jason has or should have any LEGAL rights to custody or visitation.

The case is back in court this afternoon. We'll let you know what happens.

If you recall, Kim got into some hot water after tweeting about the Israeli-Palestinian conflict and vowed to get informed about the political situation in the region while she was in Kuwait and Bahrain ... to open up a couple of Millions of Milkshakes shops.

Halle Berry's fiance Olivier Martinez is on the mend after his brutal fight with Gabriel Aubry on Thanksgiving -- dropping by an L.A. hospital today ... and getting his injured punching hand wrapped in a brace.

As we first reported, Olivier got the better of Gabriel during the fight -- suffering relatively minor injuries in comparison to Gabriel's brutalized face.

An emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla -- but Gabriel's rushing to court today to get it lifted.

Hold the phone -- here's 25-year-old Victoria's Secret model Maryna Linchuk squeezing her smoking hot lady bits into a skimpy pink bikini yesterday in Miami.

We hear it's snowing somewhere right now.

Gabriel Aubry has obtained a restraining order against Halle Berry's fiance Olivier Martinez, who busted Gabriel's face during a brutal brawl on Thanksgiving ... and Gabriel's declaration (which includes graphic photos of his injuries) paints a radically different picture of what went down at Halle's on Thursday.

According to Gabriel's declaration, filed by his lawyer Shawn Holley, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel and whispered in his ear in French, "I wish I could beat the s**t out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

The next day, Gabriel says he took Nahla to Halle's at around 10 AM. He says in a completely unusual move, Olivier came out of the front door -- usually the nanny was the go-between. Gabriel claims Olivier said, "We need to talk." Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle's failed move to take Nahla to Paris).

Gabriel says Olivier took his head in his hand and slammed it on the concrete driveway.

According to the declaration, as Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.

Gabriel claims Olivier then said, "We called the cops," and that when they show up, "you're going to tell them that you're the one who attacked me, or I'm going to kill you."

Law enforcement sources tell TMZ ... Gabriel made no mention of the alleged threats when he spoke to police immediately after the fight.

Gabriel alleges in his declaration that Halle lost her bid to get primary custody with the judge consistently siding with Gabriel for a 50/50 arrangement.

Sources on Halle's side claim it was Gabriel who flew off the handle and started the fight.

As TMZ first reported, an emergency protective order has already been issued against Gabriel -- requiring him to stay 100 yards away from Halle, Olivier, and Nahla. We're told Halle's lawyers will go to court this week in an attempt to have the order extended.

3:50 PM PT -- Moments ago, Olivier arrived to Cedars-Sinai Medical Center in Los Angeles to get his hand checked out (picture below).

While the rest of America pigged out over the holiday weekend, 41-year-old mother of two Jada Pinkett Smith flashed her rock hard bikini body in Hawaii.

And for that we're thankful.

Former UB40 singer Ali Campbell let it all hang out in New Zealand this weekend ... by going topless in public.

While holding a glass of what appeared to be red red wine, the 53-year-old flashed his buxom man breasts on a balcony in Auckland.

FYI -- UB40 released "Red Red Wine" back in 1983. Unclear if he was still rockin' the nipple ring back then.

The least photographed Kardashian was spotted out in public this weekend ... Kourtney Kardashian's newborn baby Penelope Scotland Disick.

Kourtney and her adorable four-month-old daughter were seen during a lunch outing in Fort Lauderdale the other day.

There is definitely a reality TV spinoff in Penelope's future.

Jessica Simpson kept herself to a strict Weight Watchers regimen in order to lose SIXTY POUNDS after her pregnancy -- a regimen filled with low-fat smoothies, protein, and veggies -- and TMZ has obtained her 4-month crash diet plan.

The plan -- crafted by Jessica's former private chef -- closely follows the WW point system, with fancy homemade menu items like egg white omelets, chicken satays, whipped chick peas, soba noodles, and shrimp skewers.

It all kicked off in July with a 15-day smoothie diet: 5 days of 3 smoothies a day (with 2 healthy snacks); 5 days of 2 smoothies a day (2 healthy snacks, 1 meal); and 5 days of 1 smoothie day (with 2 snacks and 2 meals).

For a while, it didn't look as if she'd lose any weight at all -- at least based on her terrible WW commercial -- so we gotta say ... we're impressed.

Stephanie Rose Bongiovi spent her Thanksgiving weekend in the Hamptons with papa Jon ... and not in a jail cell following her arrest earlier this month.

As TMZ first reported, the 19-year-old was arrested after allegedly overdosing on heroin in a college dorm on November 14 ... but the D.A. dropped all charges.

It's pretty clear who got the worst of the brutal Thanksgiving Day fight outside Halle Berry's house -- Gabriel Aubry is a swollen, bruised mess after Halle's fiance Olivier Martinez rocked him in the face.

Gabriel was photographed Friday in L.A., a day after his violent showdown with Olivier put him in the hospital with a broken rib and serious face contusions -- including one NASTY swollen shiner.

Olivier clearly got the better of the fight, but still screwed up his hand and his neck.

TMZ broke the story ... Gabriel was arrested for battery after allegedly attacking Olivier at Halle's house.

After Gabriel allegedly pushed and struck Olivier in the shoulder, Halle's fiance cold-cocked her baby daddy in the face. There are conflicting accounts as to whether Gabriel was rendered unconscious.

Kristen Stewart and Robert Pattinson were spotted yesterday at JFK airport after reportedly spending the Thanksgiving holiday in London with Robert's family.

Halle Berry is taking the Thanksgiving fracas that went down at her house VERY seriously -- she's now rolling with a security guard who is packing heat.

Halle was spotted at her West Hollywood home yesterday, accompanied by an armed security guard.

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.

This year Rihanna is thankful for Chris Brown -- at least that's the way it looked last night on Thanksgiving ... when the two were photographed partying it up at the same German nightclub.

While the rest of America was stuffing its gullet with turkey and cranberry sauce, Brown and Rihanna hit up Berlin's Adagio nightclub after Brown's "Up Close and Personal" show.

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.