Halle Berry granted the right to take Nahla out of state, but will Gabriel follow?


As we reported yesterday, it’s looking more and more like there’s some kind of détente in the Cold War between Halle Berry and Gabriel Aubry. Radar reported yesterday that Gabriel had withdrawn his custody filing, the one that started this whole mess, and sources connected with the drama say that Halle and Gabriel are now speaking to each other and taking their drama down a notch. Halle met with the judge yesterday, and the results of that closed-door meeting are mixed. The short-term custodial issue has been resolved, it seems. Gabriel didn’t want Halle to take Nahla to New York, where Halle wanted to film a small part in New Year’s Eve. It would have been a week-long working trip, and Gabriel was asking the judge why Halle couldn’t simply leave Nahla in LA, with him. Halle apparently even offered to put Gabriel up in a NYC hotel for the duration of the trip, so he could be with Nahla. But, the judge ruled that Halle could take Nahla out of state.

Halle’s lawyer Neal Hersh told 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. Halle is very pleased with the judge’s order.” TMZ is also declaring “victory” for Halle in this particular battle.

However, Radar is still Team Aubry. They report that Gabe will be going to NYC with Halle and Nahla, and that the judge ruled that Gabriel should be granted visitation rights. So, the judge apparently stipulated that “the actress must allow her ex-boyfriend to spend time with his daughter while she is there.” Also, the judge dismissed the child custody and support petition filed by Gabriel.

So, what does this mean? I think it means that they both kind of got what they wanted – Halle gets to travel with Nahla and work wherever she wants, but Gabriel’s visitation rights are solidified. But this is all just a temporary solution – I’m sure there’s more to come. I hope Gabriel made enough tapes of Halle’s crazy.



Photos courtesy of Fame.

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47 Responses to “Halle Berry granted the right to take Nahla out of state, but will Gabriel follow?”

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  1. margaret says:

    he loves his daughter. she loves her daughter. for me as a single mother whose ex-husband’s love for his children rarely solidified into positive interaction, I love that he just wants to be the child’s dad. and fulfill his duty and responsibilities as a dad. good for him!

  2. renai(jrt) says:

    I have that same necklace that Nahla has on. Its and embroidered necklace that I got in Rehoboth Beach…

    How could Halle ever deny him as her father… she looks just like him.

  3. DGO says:

    Why would she have to “put him up in a hotel” in NYC when he LIVES there? She’s getting dumber and dumber.

  4. renai(jrt) says:

    Halle just has really bad taste in choosing dumb white men.

  5. N.D. says:

    His custody petition wasn’t “dismissed” it was withdrawn by him to file paternity suit instead. At the moment he has no parental rights at all (they weren’t married, he isn’t on her birth certificate) and couldn’t be legally granted any until his paternity is established. I’m not 100% sure but seems to me it means that Halle didn’t cooperate as to recognizing him as a father so it has to go through court system, with blood tests and all.

  6. sunseeker says:

    I think Gabriel’s agent is in NYC and he lives in Los Angeles now to be near his daughter. Saw a photo of his daughter being dropped off at his house.

  7. Quest says:

    In the end, the judgements must benefit Nahla. Gabe wants to be there for his daughter and I don’t see nothing wrong with that. Right now it is a welcoming situation for all parties especially Nahla.

  8. renai(jrt) says:

    i think its a sad day when Halle submits her daughter to have to give blood to prove what Halle knows… I hope it doesnt come to that and that Halle would be a better parent then that…Halle knows who she was sleeping with when she got pregnant.

  9. DGO says:

    @ sunseeker – he’s got residences in both states, but he primarily lives in Manhattan.

  10. Tiffany says:

    So, it seems nothing has changed. Halle gets to take their child anywhere she wants and Gabriel can choose to follow. The kid could not stay with day for one week while she works. Wow, talk about a power trip. Long story short, Halle got what she wanted. I always thought when to file a suit against someone you go high so you can get something realistic when you negotiate a settlement. I thought thats why Gabriel did what he did to have it so Nalia can stay with him while Halle traveled for work. So that was a bust. It seems fathers are damned if they do or damned if they dont.

  11. Kaiser, there are some glaring omissions in your coverage of this story. One, Gabriel is not working on anything right now, and she is only talking about one week. I am sure he has gone more than that without seeing his daughter. Two, Gabriel started this mess in the first place when he filed for paternity, and then he tried to play wounded victim. “Oh the superstar has used her considerable resources against me!”

    It’s no one’s business but theirs. And I am sure that there is SO much we don’t know that transpired between them. And it’s good if we never find out.

    The only reason people seem to be so angry at Halle is because she took a stance and stated a preference to be called black. Why does that make some white people angry?

  12. sunseeker says:

    If she wants him to follow her, how is he able to work, I don’t get this setup at all. As a mother myself I can understand that you miss your children, and for a few month I can understand but for a week or two is stupid. Gabriel is a caring dad, let him be just that.

  13. sunseeker says:


    What has colour got to do with the fact that he wants to spend some time with his daughter in his own home without Halle giving orders. I have no hang ups about colour Nahla she is mixed race so what, so is my grandson.

  14. Sunseeker, to answer your question, nothing. Have you ever thought that Halle wants to spend time with her too?

    To be more objective towards the situation, here is how it was referenced from TMZ:

    “Halle Berry’s baby daddy tried creating a “Sophie’s Choice” for her — earn a living, or be with her baby … and that’s why Halle went to court Wednesday and kicked his butt.”

    “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.”

    He was being stubborn about her taking the baby at all. And since he has been following her–at her expense probably–what has changed now? Have you guys wondered about that?

    No, you have rushed to judgement because of the race issue. That is what has everyone polarized on this. It always happens when racism is brought up as an issue.

  15. Quest says:

    @notpretentious -”Why does that make some white people angry?”

    I think that you assume everyone who is white are angry with Halle – Don’t. I agree with sunseeker – no parent should have order around the other where a child is concerned.

    The fact that Halle was going all out to keep Gabe out of Nahla’s life is what most people are upset about, not to mention some of the accusations being made. If one parent is working and the other is not and wants to spend time (do the math) herego the solution.

    PS: I am not white and so are most on this blog.

  16. sunseeker says:

    A source close to the situation tells RadarOnline.com that Gabriel will be traveling to New York, on his own dime, to spend as much time with Nahla as permitted while Halle films a new movie.

  17. sunseeker says:

    And who started this mess with the race issue.

  18. chickieboo says:


  19. mln76 says:

    @notpretentious I don’t see what was wrong with him filing for paternity of his own daughter. In fact he should have done it as soon as they split. He is in fact her father and should have all legal rights. Why does that make you angry? BTW you shouldn’t assume everyone who agrees with Gabriel is white I am black but I think Halle is in the wrong on this. If he was good enough to have a baby with he is good enough to have visitation and legal rights.

  20. chloe says:

    It sounds like Halle doesn’t want to leave her daughter for a day, that’s a typical fear amongst Mom’s when a divorce or break-up occurs and children are involved. She’s going to have to start getting used to Gabriel getting custody of his daughter for overniters and summer breaks. I personally don’t see how it would hurt for her father to watch her for a week, while her Mom works in NY, Halle is probably working 12 hour days and a nanny would be watching her anyhow.

  21. Bodhi says:

    How is Gabe “dumb”? And what in the hell is wrong with him wanting to be legally recognized as her father? I think it is BS that Halle left him of the birth certificate in the 1st place!

  22. TeeTee says:

    hmmm, he asked for SPOUSAL support–he must have gotten it..

    hopefully hell find another rich sponsor that Halle approves of.

    what happened to the eatery she bought him??

  23. OXA says:

    And who started this mess with the race issue.

    Here are Halle’s exact word to Essence. When asked about dating Black men.

    “I tried Black men. I tried,” she wails in a mock southern accent. “I married two Black men. You know I tried.” She laughs again before making clear that “I don’t hold all Black males responsible because of the two bad eggs I got. I even dated Black men after my last divorce, but this is just where I found love.”

  24. mln76 says:

    @Bodhi I think Gabriel is on the birth certificate but according to CA law if parents are unmarried paternity still has to be established to determine custody.

  25. Liana says:

    Gabriel started this mess in the first place when he filed for paternity

    How DARE he ask to be recognized as his child’s father. The audacity.

    @TeeTee: He couldn’t have asked for SPOUSAL support, they weren’t married and are not divorced.

  26. Bodhi says:

    @mln76 – Really? That seems strange to me, but each state is different. I have a friend who thought he was the father of this chick’s baby & he was listed on the birth certificate & paid support & all that stuff, but after a few months the baby didn’t look a THING like him so they got a paternity test & lo & behold, he wasn’t the daddy. He had to jump through a ton of hoops to get his name off the BC & have it legally declared that he wasn’t the dad. Mad dramaz

  27. Soapdish says:

    People are still trying to rip on Halle, when the fact is the legal system….the judge knows everything that is actually going on. The judge decided in favor of Halle Berry. There must not be anything going against her if the judge said, sorry dude the child is going with her Mother. Why would any Mother leave her baby with her dad if she has the option not to? What is Aubry doing where he can’t go to NYC for a week? People can say whatever, but the judge knows the facts and he decided Halle is in the right. I do think her paying for his expenses or at least half of his expenses for going is the right thing to do, since she has more cash. That’s the right thing she did,

  28. Quest says:

    Yeah Soapdish and we all know that the Justice System is always right. Tell that to all the felons “the system” has walking free (I’m just saying) and the real victims who has to deal with it. ie. Lindsey Lohan

  29. mln76 says:

    @Soapdish In custody cases the mother almost always has an advantage. Basically unless she is proven to be abusive she is going to get primary physical custody that is just the way it goes in these things.

  30. Soapdish says:

    Reread my statement. Let’s stay on subject here. I stated the legal system and judge know the facts in this case. Halle is being able to proceed with the action she saw fit initially, which was to take her child to NYC. As I stated, what is Aubry doing where he can’t go to NYC for a week? I think he got sick of following her around. What did he expect if they broke up? My personal opinion. Sorry, she should pay for it or do 50/50 for his expenses for traveling. My personal
    opinion. Why would any Mother want to be separated from her child if she has no reason to. Their child is ….what….2 years old. Maybe no one on here has kids, young kids at least.

  31. Quest says:

    “Their child is ….what….2 years old” – Soapdish

    I am glad you said it – “their child” not “her child” or “his child” but “THEIR” child.

    To add: It is because most of us have little ones (inclusive of myself) that we are not in agreement with what Halle is doing. I have seen many judges make bad decisions even when the “judge” had all the so call facts.

  32. angela says:

    @Soapdish. You are missing the point

  33. rose says:

    #30 ITA with mln76 and many others that Halle is using her popularity to gain leverage on Aubry which is not cool

  34. Soapdish says:

    So it’s wrong for a Mother to want to take her daughter to work? No one answered my questions. What is Aubry doing where he can’t go to NYC. He has wealth and businesses where he doesn’t have to be there (at work) everyday. Stay on topic. We are talking about this case, not another. This subject has run it’s course. No more time to go back and forth between work and gossip. Hope all three of them enjoy their trip up East…heard it’s cleared up with the rest of the country.

  35. Legal A says:

    Why would someone who is so charitable and kind, someone who just want to spend time with her young kid be so mean to the man who fathered her kid?

    This seems to be a genuinely kind, compasionate individual who is seeking only the best for her daughter. I disagree.

    With that said, is the relationship with her father irrelevant for a child growth? Is a judge decision always the right one? Is Halle so hard up for cash that Aubry is the only one who has to give up his time away from his business for his daughter? Can Halle provide the undivided attention needed for a 2 year old while on a movie set or would it be in better interest to let the dad look after their daughter while she works?

  36. Mumzy says:

    I guess only Halle is right and she made this child all by herself and she is the only one who needs time with Nahla. Aubry following his daughter around for so long means nothing. Treating a grown man like that can’t be right.

    They say charity begins at home Halle.

  37. Liana says:

    This subject has run it’s course. No more time to go back and forth between work and gossip.


    Last I checked, soapdish, you were not the arbiter of when a subject has run its course. If you’re tired of the subject, stop reading and posting about it. And stop telling people to “stay on topic.” It’s rude.

  38. N.D. says:

    Judge decision has nothing to do with whoever is better parent, as of yet GA isn’t legally established as one. So the judge couldn’t make HB not to go to NY with Nahla if she felt like it. I’m afraid it would take awhile for this to be over, they will have to meet in court quite a few times before that.

    And regarding what is that so important he’s doing in LA at the moment, whatever they might be his work and personal commitments are no less important then Halle’s just like his parental concerns and love for their child are not by default canceled by Halle’s.

  39. mln76 says:

    @ Soapdish There is nothing wrong with a mother taking her child to work. But to take her child out of state is completely different issue. It’s unfair for Halle to leave town weeks, and months at a time with her child and expect Gabriel to drop everything and come along for the ride. Eventually he will lose opportunities for work etc. Halle can decide to stick closer to LA and coordinate her schedule with Gabriel that’s what a responsible parent would do. And if she had an opportunity to shoot on location it would be her choice to sacrifice time with her daughter, Not Gabriel’s.

  40. sunseeker says:

    M76 and ND

    Thank God, somebody with some sense. Gabriel loves his daughter just as much as his mother.

  41. e.non says:

    oy, that is one gorgeous baby.

  42. Gypsy says:

    That K-Fraud was asking for custody and child support, I knew he was less than a man…Which REAL man would ASK to be paid to see his daughter.

    He’s not working at this time, maybe it’s time he got a regular job and begin supporting his child.
    Halle always pick this losers, dumb Halle.

  43. P.M. says:

    @ Soapdish;
    Halle’s original role in the movie was a leading one that would have required her to be in New York for approximately 3 months,he was objecting to Nahla being gone for that length of time. Eventually her role was given to Heigel and Halle is now in a much smaller role which will take about 1 week so the judge approved it.

  44. Truthzbetta says:

    She’s so boring and she’s lost me forever with these antics, or was it some previous ones.

    But this “Now without my daughter!” contrived pose is just odd.

    Quit living out the made for t.v. movies in your head, drama lady.

  45. candy says:

    Why was Gabe’s name omitted from the child’s birth certificate? Because he didn’t want to marry perhaps? It’s almost like Halle foresaw the relationship not working and opted out, therefore giving her free rein with the child. She’s not right in the head.

  46. sunseeker says:

    Everybody presumes that his name was not on the birth certificate, sombody mentioned the other date that they had seen the birth certificate on line and his name was on it, plus she has his last name, if Halle thought the relationship wouldn’t last she would not have given her daughter her fathers last name. And by her own admittion they had tallked about more children, people do some research.