I feel like every day when I read news about Halle Berry and Gabriel Aubry’s custody battle I change allegiances, although lately I’ve been firmly in the “team Nahla, her parents are whacked” camp. This latest story about Halle’s very serious death threats from a stalker has me feeling sorry for her and understanding why she would want to move overseas. (Until I read the counter argument, which is covered below.) Yesterday it looked like Halle was moving to France out of spite because she can’t legally strip Gabriel of visitation rights, but that might just be an added bonus for her. Not only is Halle’s stalker just out of jail, there’s also a crazy dude who wants to kill her (and Madonna) who just escaped from an insane asylum. It sounds like something out of a movie, but then so does most of Halle’s life. Here’s the story, from E!:

E! News has confirmed that the Oscar winner filed a request in family court to be able to move to France with her daughter Nahla because she fears for her life.

Two men, including one convicted of stalking Berry, are no longer locked up and the actress has no interest in finding out what their plans are now that they’re out.

But wait, how did her convicted stalker get out again?

Richard Franco pleaded guilty to stalking Berry and was sentenced to 386 days in jail, but was given credit for 193 days already served and then released Saturday after amassing 193 days’ worth of credits for work and good behavior.

He remains on five years’ probation and there’s a 10-year restraining order in place requiring him to stay away from Berry and her family.

“This person has invaded and trampled upon the most fundamental sense of security I have and I am extremely frightened of him and what he might do to me and those I love,” Berry stated in her criminal complaint against Franco.

Meanwhile, Berry’s camp has been informed that Robert Hoskins, a man who allegedly threatened to slit Berry’s throat—and who also allegedly threatened to slit Madonna’s throat and was shot by the Material Girl’s bodyguard in 1995—escaped from a mental institution last week.

[From E! Online]

Halle has been looking for a more secure mansion in Malibu, according to TMZ. Of course Radar has Gabriel Aubry’s deep thoughts on his custody battle, as per usual. They’re trying to call out Halle on her claims that she’s so scared and are saying that she’s using it as a convenient excuse. This rings true to me, but again I’m thinking that both sides are pushing back too hard and making it much worse than it needs to be.

Berry has formally petitioned to move to France with Nahla and her fiancé, Olivier Martinez, but she is going to have to go to battle with Aubry who has vowed to fight the move. Under current terms of their custody agreement, neither parent can move out of Los Angeles County without the other’s permission.

Aubry is absolutely stunned that Halle is attempting to whisk his daughter to a foreign country. “Gabriel feels that Halle is just being vengeful and vindictive by attempting to move Nahla to France,” an insider close to the situation tells RadarOnline.com.

“First of all, if Halle is concerned for her safety, why is she routinely seen around town without a bodyguard? Yes, she has had several stalkers over the years, but she has a top of the line security system at her house, and she can certainly afford to move to a safer location in Los Angeles in a gated community. Why would Halle want to take the father of her daughter out of her life and move to a foreign country? It just defies logic.”

[From Radar]

We haven’t heard any confirmation that Halle and Oliver are actually engaged, but this story suggests that’s the case. The “source” goes on to say:

“Halle will be getting married for the third time. Gabriel’s lawyers are going to argue that there is nothing to guarantee this marriage will last. What then? Nahla could be uprooted again, she isn’t luggage for heavens sake,” the source tells RadarOnline.com. “She needs her father in her life. Nahla and Gabriel are very, very close. He has always played a major role in Nahla’s life and the fact the Halle is attempting to sever that relationship disgusts him. He feels that Halle is disgruntled because she was unsuccessful in having restraining orders granted against him, and lost her attempts to have his custody of Nahla stripped. The timing of this is very, very suspect. Nahla would be very isolated in France, primarily because the lack of family and friends, and the language barrier.”

[From Radar Online]

I agree that Nahla should stay in LA where she speaks the language and goes to school. It does seem punitive of Halle to want to move overseas at this time, but the argument that she has two homicidal stalkers on the loose is a pretty powerful one.

I would be more on Gabriel’s side if he would just stop talking to the press. He probably doesn’t have any other recourse to all the stories Halle is putting out there, though. Poor Nahla, really.

Here’s Halle out alone and looking annoyed yesterday on 2-9-12. She’s also shown with Nahla and the Nanny on 2-2-12 and with Oliver on 1-29-12. Credit: Osvaldo/FameFlynet Pictures. Gabriel Aubry is shown with Nahla on 2-3-12. Credit: WENN.com

According to TMZ, Halle Berry has requested permission from the judge presiding over her custody case to move from Los Angeles, Cal. to France, where her boyfriend, actor Oliver Martinez, hails from. Halle and Oliver have been living in LA and have staged several happy family photo ops with Halle’s nearly four year-old daughter, Nahla. Halle’s ex, model Gabriel Aubry, is of course under investigation for misdemeanor battery and child endangerment stemming from an incident about two weeks ago in which a nanny alleges that Aubry pushed her. Halle lost a bid to have Gabriel stripped of all visitation rights while the investigation is underway. If Halle gets her way and is allowed to move to France with Nahla, she could be able to achieve what she’s after and make it incredibly hard for Gabriel to see his daughter.

Reports have Aubry triumphant in last weeks’ court ruling, although Child and Family Services has been recommending he have supervised visitation for now. We’ve also heard that he’s been ordered to anger management classes, that counseling has been recommended for both Halle and Nahla, and that Halle and Gabriel have been advised to take parenting classes together. Here’s the latest story from TMZ:

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.

[From TMZ]

That stalker argument is a weak one. We’re talking about Halle Berry, who can afford a state of the art security system and ’round the clock security guards. She can build a fence if she wants.

I was somewhat on Halle’s side when we first heard this latest news about Gabriel. It seemed like all those stories about his explosive temper might be true. Now I see the other side a lot more clearly. This is a petty move by Halle meant to pull rank and show Gabriel that she’s serious about keeping their daughter away from him. I wouldn’t put it past her to have pulled the nanny’s strings that led to this whole issue. I’m not saying that Gabriel isn’t to blame for his temper, or that he’s not as much in the wrong. It just seems like there’s much more to this story. I’m sure we’ll read the other side on Radar sometime today.

Gabriel is shown with Nahla on 2-3-12. Halle is shown picking Nahla up from school with the nanny on 2-2-12. Credit: WENN.com

I first wrote most of this story with the assumption that Gabriel Aubry had just won his court custody battle, and that the judge had ruled that no changes be instituted in his joint custody agreement with Halle Berry for their nearly four year-old daughter, Nahla. However, a careful re-reading of this story on Radar helped me to realize that I was wrong. I asked Kaiser to read it too, and she came to the same conclusion. Gabriel Aubry’s team has been feeding details to Radar (see these two articles) and in this latest leak, they try to make the claim in the title that “Halle Berry’s Baby Daddy, Gabriel Aubry, Triumphant In Custody Battle.” All the article claims, though, is that the hearing went heavily in Aubry’s favor. Nowhere in the article does it state that a ruling has been made, just that Child and Family Services recommends that no changes be made to the current agreement.

To recap: Halle was calling for a “no contact” order following an incident in which a nanny alleged that Gabriel pushed and screamed at her. The nanny’s request for a restraining order against Gabriel following that instance was not granted, nor was the “no contact” order by Halle. An investigation into the charges of battery and child endangerment against Gabriel is ongoing. Meanwhile Child and Family Services has recommended joint parenting classes for Halle and Gabriel, counseling for each of them, anger management classes for Gabriel and counseling for Nahla. They’ve also apparently recommended that the custody agreement continue as is, but that’s just their recommendation. Here’s Radar’s report. TMZ has very little detail on this court hearing, probably since it favors Gabriel and there’s no official ruling yet.

As RadarOnline.com previously reported the former couple squared off in a Los Angeles courtroom on Monday over allegations that Aubry pushed the nanny while holding the toddler. The hunky Canadian model has emphatically denied the allegations, but is under criminal investigation for battery and child endangerment.

The Los Angeles Department of Children & Family Services became involved after the nanny filed a police report, which is routine in any situation when allegatiosn of child abuse are made.

“Social workers recommended that absolutely no changes be made in the current custody agreement, which the judge gives tremendous weight and consideration to,” a source close to the situation tells RadarOnline.com. “Halle and Gabriel essentially have joint custody of Nahla. DCFS found absolutely no basis to the claims that Gabriel physically assaulted the nanny, or has ever physically abused Nahla.

“There was nothing found to substantiate the nanny’s claims, and social workers felt that a restraining order that Halle was seeking wasn’t necessary, and would actually harm Nahla by keeping her from her father…”

While it appears that Aubry will be triumphant in the custody dispute, he and the Academy Award winning actress are going to have to learn together the best way to raise their daughter.

“The report does recommend that Halle and Gabriel attend parenting classes together, so that they can co-parent Nahla. The classes will give them the tools to work through their issues, and hopefully become better parents for it,” an insider said.

Meanwhile, “Gabriel Aubry is unlikely to be charged with any crime in relation to the police report the nanny filed,” a law enforcement source revealed.

[From Radar]

This is probably accurate, and Gabriel may win this custody battle, but isn’t it dumb and reactionary for his side to feed details to the press? Isn’t the judge going to see this report on Radar and go “hold on a minute, this is misleading”? I get that Gabriel is trying to counter all the happy family photo ops Halle is staging with her fiance and “Gabriel is an abusive ass” stories that she’s leaking, but he’s coming off almost as badly as she is. Someone needs to take the high road in this, just for the sake of their daughter. It’s going to be interesting if they ever do attend joint parenting classes. How do you teach exes to grow the hell up and stop fighting over every little thing?

Photos are from 1-29, 1-31 and 2-1. Credit: Fameflynet and WENN.com

Halle Berry and Gabriel Aubry had another hearing in their custody case yesterday following a battery and child endangerment allegation against Aubry. Halle previously tried to block Gabriel from all contact with their nearly four year-old daughter, Nahla, until the investigation is complete. According to a new report on Radar, she’s now backed down slightly and is requesting supervised visitation. (I assumed that a previous supervised visitation order was still in place, but that doesn’t seem to be the case.) In an earlier court appearance for Halle and Gabriel, the judge put off making a decision until the sitting judge, who is familiar with this case, returned from vacation. Well the original judge is back now and according to TMZ he didn’t make a ruling yesterday and needs more time, and an additional hearing, to sort it all out. Child and Family Services has interviewed both Halle and Gabriel separately and together and is reportedly suggesting that Gabriel attend anger management classes, that Halle get counseling, and that both of them take parenting classes together. They’re also recommending counseling for Nahla. Here’s TMZ’s take on what happened, since their coverage is brief and they aren’t being fed details by Gabriel’s team like Radar.

Halle Berry and Gabriel Aubry have been urged to get some serious counseling for the benefit of Nahla, but their marathon court hearing today was contentious and largely unproductive … law enforcement sources connected with the case tell TMZ.

We’ve learned the L.A. County Department of Children and Family Services submitted more than a dozen recommendations to the judge, including mediation … in which a 3rd party would sit with Halle and Gabriel and try to figure out how they can peacefully raise their child. We’re told Halle was receptive but Gabriel wasn’t.

And our sources say … Halle agreed to continue her individual counseling, which will help her deal with what has become an impossible situation.

As for Gabriel, he’s agreed to counseling for his anger issues.

And, as we first reported, both parties agreed today to send 3-year-old Nahla to counseling.

We’re told the judge did not make any decision on the fate of the nanny, whom Gabriel wants fired.

And the judge hasn’t ruled on Halle’s request to keep Gabriel from Nahla until the child endangerment investigation runs its course.

Sources say Gabriel has objected to most of the recommendations and the judge is on the verge of holding a full hearing — similar to a trial — so he can firmly call the shots.

[From TMZ]

I’m firmly team Nahla as both of her parents seem unable to reach an amicable co-parenting agreement. I think that Halle vilifies her exes and that Gabriel is responding by lashing out and is playing right into her hands. Prior to this whole fiasco I would be on his side, but the details he’s been leaking to Radar make him sound like an a**hole who is definitely capable of pushing and screaming at the nanny. Incidentally, Radar is also reporting that Halle has been paying Gabriel’s legal fees, as is supposedly standard when one party in a custody agreement makes vastly more than the other.

Also, Halle and her new man, Oliver Martinez, staged some “happy family” beach photos over the weekend with Oliver kissing Nahla. Multiple agencies have these photos so you know they were prearranged to present an image of Halle as a more capable parent and of Oliver as some kind of would-be stepfather. This is how Halle uses the paparazzi that she professes to hate. How would Halle react if Gabriel did that to her? She was reportedly livid when he even dared to go on a date with Kim Kardashian. How petty she is. This is a J.Lo move, except J.Lo is much more publicly civil towards, and gracious about, her ex.

Halle has a cast on her foot, which is probably related to breaking it last September. She’s also wearing what looks to be an engagement ring, although she’s often worn a ring on that hand and reports vary as to whether it’s official. She hasn’t made an official announcement, and all we heard so far is a tweet from Oliver’s ex, Kylie Minogue, congratulating them.

Halle, Gabriel and Nahla are shown out at the beach in Malibu on 1-29-12. They’re also shown out at lunch on that same day. Gabriel and Nahla are shown out on 1-12-12. Credit: Fameflynet and WENN.com

In our last article on Gabriel Aubry, we mentioned that an emergency hearing requested by Halle Berry for a “no contact” order between Aubry and their nearly four year-old daughter, Nahla, was denied. Aubry currently has supervised visits with Nahla, and it’s expected that those will continue for the time being. To recap: Aubry has been accused by a nanny of verbal abuse, of pushing her on two occasions, once with Nahla in her arms, and of grabbing Nahla from her. A bid by the nanny to get a restraining order against Aubry was also denied. (Radar has the PDF of the ruling denying the restraining order, and the boxes are checked for “does not show reasonable proof,” “fails to show that he or she will suffer great or irreparable harm,” and “fails to show threat of future harm.” It’s written below that in long hand that the petition is “Insufficient and speculative. If there are concerns they should be resolved in family court.”)

Aubry is currently being investigated for misdemeanor battery and child endangerment in conjunction with an altercation with the nanny on January 18. As part of that investigation, child and family services has interviewed both Berry and Aubry separately, as is reportedly standard in cases like this. Radar has the details of the interview with Aubry, and after getting the semi-official excuse from Aubry camp’s that “the nanny tripped” and wasn’t pushed, they’re also getting his very deep thoughts on having to speak to authorities. Poor pretty Gabe feels like “he is living in a police state.”

The Los Angeles County Department of Children and Family Services has formally interviewed Halle Berry’s baby daddy, Gabriel Aubry, in connection with allegations that he pushed a nanny while she was holding the former couple’s three year old daughter, Nahla, RadarOnline.com is exclusively reporting.

Aubry’s interview with social workers was thorough and exhaustive. “These are very serious allegations and Gabriel was obviously very nervous,” a source close to Aubrey tells RadarOnline.com. “Gabriel feels that he is living in a police state as far as his time with his daughter is concerned.

“He is a doting and loving father and extremely attentive to Nahla. His daughter wasn’t present when the interview took place. The investigation will remain open at this point, but it’s not uncommon at all for officials to keep an investigation open out of an abundance of caution to ensure the safety of the child.”

[From Radar]

As many of you mentioned in our last story, saying that a person “tripped” or fell is a classic abuser tactic. I’m not saying that Gabe is a nasty monster, or even that all these allegations ring true to me, but he’s not helping his case at all by leaking these ridiculous explanations and defensive quotes to the tabloids. It really does seem that he’s a devoted dad and that he loves Nahla, but if he has anger management issues he needs to have supervised visitation. It’s still hard to know which side to believe given Halle’s obvious tactics in the past to both smear Gabriel and to make sure she pushes him out of their daughter’s life. The truth is probably somewhere in between.

Yesterday we heard that Halle Berry’s ex, Gabriel Aubry, was being investigated for misdemeanor battery and child endangerment after an altercation with a nanny who works for both Halle and Gabriel. Apparently the nanny confronted Aubry over not bringing his nearly four year-old daughter, Nahla, to school. The argument then got heated, with the nanny telling police that Gabriel verbally abused her and then pushed her while she was holding Nahla. The nanny claims she almost fell and that she was slammed against the wall.

Opinions on this story were very polarized. Some people thought the nanny was on team Halle and was trying to malign Gabriel, which is supported by the nanny’s claims that Gabriel often called her a “spy” when she was at his house. Maybe she does have allegiances to Halle, but even if that’s the case it doesn’t rule out Aubry being abusive. Also, the nanny told the police the minor and unnecessary detail that Nahla had a rash that Gabriel refused to treat. Why would she tell them that unless she was throwing accusations out there trying to see what would stick? Plus, the nanny lost a restraining order bid she had against Gabriel. In the restraining order, she admits opening his apartment door with a key she had on January 18 just prior to the altercation and she makes no mention of knocking. On the other hand, we’ve heard for some time that Aubry has an explosive temper, and why would the nanny bother to take out a restraining order unless she was afraid of him? It’s not too farfetched to imagine him going off on an employee who overstepped her bounds and then pushing her out the door.

Well a new article in Radar has a “source” close to Gabriel who claims that he didn’t push the nanny and that she “tripped.”

However, Aubry is telling a very different version of events.

“Why in the world would Gabriel push the nanny causing her to fall while she was holding his daughter?” a source close to the situation asks. “Gabriel is fiercely protective of Nahla. The nanny tripped, and she fell while holding Nahla. Yes, Gabriel and the nanny were arguing, he felt like his parenting skills were under attack again. Gabriel can’t believe how out of control this situation has become. He is hopeful that criminal charges won’t be filed against him.”

As RadarOnline.com previously reported, the nanny says that last Wednesday she went to pick Nahla up at school and she wasn’t there, so she went to Gabriel’s home.

“Gabriel and the nanny got into an argument because no one alerted her that Nahla didn’t go to school,” a source told RadarOnline.com.

The source went on to claim that Aubry allegedly verbally abused the nanny, before things took a turn for the physical.

“She picked up Nahla to leave and Gabriel yelled at her and shoved her out the door so hard that she hit the wall — while she had Nahla in her arms!” the source alleges, adding that the nanny claims the abuse is ongoing. The nanny filed a police report and Aubrey is now being investigated for misdemeanor battery and child endangerment.

[From Radar]

When someone issues a denial that starts with a question, it’s suspect to me. “Why would I do that?” is not the same as categorically saying “I didn’t do that,” although the source later claims that the nanny “tripped.”

Yesterday there was a court hearing in which Halle asked for an emergency “no contact” order for Gabriel and their daughter until the investigation into this incident was completed. TMZ reports that the judge left the custody arrangement “as is” and put off a ruling until the judge who has been handling this case returns from vacation. Radar has more information that “The Los Angeles Department of Children & Family Services is expected to interview Berry, Aubry, and the nanny in the next several days.”

Let’s pretend that none of these people are famous and that we only know their situation and nothing else about them. You have a couple who went through an acrimonious divorce and who both love their daughter. The mother doesn’t want the father to have contact with his daughter at all and has actively worked to limit their contact. A nanny who works for the mother claims that the father yells a lot, is verbally abusive towards her and pushed her twice out the door, once with his daughter in her hands. Barring our feelings on whether the guy is abusive, and whether this is emotionally damaging to his child, is it enough to deny him all contact with his daughter? It’s a hard accusation to prove, so probably not. I could see supervised visitation continuing indefinitely, though.

Gabriel and Nahla are shown on 1-13, 1-9, 1-6 and 12-28. Credit: WENN.com

When Halle Berry and Gabriel Aubry split, a lot of accusations were made both through the press and in court that Aubry was verbally abusive, that he screamed racial epithets at Halle, and that he may have been neglecting their daughter Nahla, now nearly four. There were only vague allegations of neglect in the press and the worst thing I think I read about Aubry was that he called Halle the N word and threw a chair against a wall. A lot of people questioned whether Halle was publicly maligning Aubry in order to make herself out to be the victim and bolster her custody case. Well a new story suggests that Aubry might have an explosive temper after all. A nanny has accused him of pushing her out the door and screaming at her – when she had Nahla in her arms.

Halle Berry’s baby daddy Gabriel Aubry is being investigated for criminal child endangerment and battery — over an incident involving his and Halle’s child … TMZ has learned.

According to the police report, obtained by TMZ, Gabriel allegedly pushed his nanny into a door while she held his daughter Nahla in her arms.

Law enforcement sources tell TMZ … Gabriel was supposed to take 3-year-old Nahla to school Wednesday but decided to keep her home instead. The nanny — who worked for both Gabriel and Halle — went to the school to pick Nahla up and was told the child was a no-show.

According to the report, the nanny then went to Gabriel’s home, where she found Nahla. The nanny picked Nahla up and began to question Gabriel as to why he didn’t take the child to school.

According to the report, that’s when Gabriel allegedly flew into a rage — claiming, “You’re the f**king nanny. Who do you think you are? You are a nobody. You don’t need to f**king know anything.” The 6-foot-4 Gabriel then allegedly pushed the 5-foot-2 nanny out the door, Nahla in her arms.

The nanny filed a police report, claiming she was injured. Law enforcement sources tell us … police are investigating Gabriel for both misdemeanor child endangerment and misdemeanor battery.

The report lists the investigation as a battery, but law enforcement sources tell us they are “definitely investigating child endangerment.”

[From TMZ]

I read the police report (the PDF is here) and the blowup was over the nanny picking up Nahla, so that means that it’s Halle’s nanny too and there may be some history there. The accusations in the police report don’t sound as sordid as TMZ makes them out to be in their writeup (above) but that could just be due to the neutral way that police reports are written. They write “The susp(ect) [Aubry] then pushed the vict(im), who was still holding Nala [sic] in her arms and the vict fell against the wall, that was next to the susp[(ect's) front door. The vict stated that if the door was not there she would of [sic] fell to the ground with Nala in her arms.” I hope it wasn’t as bad as it sounds and that Nahla wasn’t traumatized by seeing her dad blow up at her nanny like that.

TMZ has a follow-up story that Halle is seeking a no contact ruling in court so that Aubry can’t see his daughter at all until the investigation for child endangerment associated with this case is complete. The nanny allegedly told police that “Gabriel repeatedly yelled and cursed at her, often while Nahla was present,” and that “Gabriel often yelled at Nahla, causing the child to cower and cry.” Then they add that the nanny claimed that “when Nahla had a rash he refused to treat it.” That’s a strange minor detail to add, isn’t it? Whatever is going on, I just feel sorry for Nahla.

Gabriel and Nahla are shown outside her school on 1-9, 1-11, 1-12 and 1-13. They pretty much get papped every day

Something weird is happening. Over the past few days, we’ve gotten new photos of Gabriel Aubry and Nahla, out and about in LA, AND new photos of Halle Berry and Olivier Martinez, out and about in LA. Shock of all shocks, Halle and Olivier are still together and Halle let him out of his chains (seriously, where does he go when he’s not around?). I feel like these competing photo ops are a sign of future craziness in the year to come.

Over the past year, we were gifted with the motherlode of cray-cray from the ongoing custody battle for Nahla Aubry. Halle Berry and Gabriel Aubry broke up more than a year ago, but it was in January and February of this year that everything got dialed up to BALLS-OUT CRAY-CRAY. There was a ton of back-and-forth in the media, with Radar acting as Team Aubry and TMZ acting as Team Berry. Gabriel Aubry was accused of racism, and being verbally abusive to Halle and Nahla, and Halle told the courts that Gabriel didn’t deserve to spend time with Nahla without some kind of third-party involvement. Gabriel’s side was basically saying that Halle is crazy, that she harassed him, and that she would do anything to get sole custody of Nahla. Oh, and Halle also let everyone know her feelings on race and the “one drop theory” – which was one of our biggest posts of the year.

So what will 2012 bring Gabriel, Halle and Nahla? I hope that Gabriel’s custodial rights as Nahla’s father are increased, and I hope that Halle brings the crazy once again whenever Olivier manages to get out of his chains and run for help. Seriously, how is Halle able to maintain the relationship with Olivier? Don’t say “she’s beautiful” or “crazy sex”. At some point, Olivier will get tired of that, and when it ends, it will be a hot mess.

Photos courtesy of Fame.

Halle Berry and Gabriel Aubry’s war of attrition has not ended. It’s just gotten somewhat more low-key, although I’m of the opinion that Halle is still waging a PR campaign against Gabriel in the tabloids. One of the most recent items ended up in Star Magazine last month, in which a “witness” claimed that Gabriel had used racist slurs against Halle in the heat of an argument, and that Gabriel always denied that Nahla was anything other than white. Those arguments are consistent with what Halle’s team claimed in the heat of their custody dispute, and unfortunately for all involved (especially Nahla), it looks like some of the claims are sticking. Halle and Gabriel’s lawyers met once again in court on Monday to work out some kinks in the custody agreement. As the agreement stands now, Gabriel is not allowed to have unsupervised overnight custody of Nahla – and Gabriel’s lawyers wanted that changed. Gabriel’s lawyers did not win.

The custody battle between Halle Berry and Gabriel Aubry over their beautiful daughter, Nahla, wages on with no visible end in sight.

Attorneys for the warring couple were back in court Monday in Los Angeles, and it was a sweet victory for the 45-year-old actress, RadarOnline.com is exclusively reporting.

Aubry had requested an amendment to his visitation rights, which currently insist that the bulk of his time with his three-year-old daughter be supervised by a third party, but the judge ruled in favor of Berry, who was opposing any change.

Aubry is allowed three hours alone time with Nahla, where he can take her to the park or carry out an activity, but the order remains that the nanny must be present at all other times, especially during overnight stays.

A source close to the situation tells RadarOnline.com that Gabriel is furious over not being allowed to care for his daughter on his own and that he feels the nanny is encroaching on his relationship with Nahla, and supervising their every move.

Meanwhile, Gabriel is currently overseas in Majorca, caretaking Nahla while Berry works on her new movie, Cloud Atlas. As per the couple’s custody agreement, Berry must arrange accommodation for Aubry during these times and it must be of the same standard as she is being afforded — so if Halle is staying in a five star hotel, Gabriel must be given the same.

[From Radar]

TMZ’s report is similar, so I think this is what really went down. TMZ’s source also says that “Gabriel is pissed — and he feels the nanny is ruining his relationship with his daughter.” Here’s a question, and I mean this in all honesty, with no agenda: what does it say about Gabriel Aubry that the court won’t let him have unsupervised visits with Nahla? Is it just a simple technicality, like Nahla is so young, and that the status will change when she gets older? Or does it speak to some kind of truth in Halle’s claims? Look, I definitely think Halle is crazy. But it bothers me that the court system seems to be backing her up, and it makes me think there might be some shred of truth to her claims. Is that crazy?

Photos courtesy of Fame.

That title really doesn’t capture the alleged accusations against Gabriel Aubry in new custody papers unearthed by Star Magazine. The way Star phrases it, the accusations sound really sordid. The thing is, we’ve heard the exact same things about Halle, and we’ve also heard this about Gabriel before along with a lot of conflicting reports about how they were each terrible people so it’s hard to know what to believe. I would bet that their relationship is rocky and that they screamed and yelled before they called it quits, but it probably was in no way as one sided as this makes it sound at all. I also don’t buy Gabriel as this broody, emotionally distant person who forgets to bring presents for his daughter’s birthday and didn’t care about Halle’s pregnancy. Just the fact that he’s fought so hard for custody shows otherwise. Custody can get complicated and messy, and it’s obvious that both sides are slinging accusations. Here’s what Star claims, which I believe Halle could have definitely accused Gabriel of in the court papers. I doubt it went down like this at all.

Halle Berry’s ex Gabriel Aubry threw a chair against the wall and called [Halle] the N word during a violent confrontation last February, a Los Angeles court has been told.

Star has learned that new witnesses have made these and other explosive accusations against the Canadian-born male model in court documents as the couple’s custody battle over 3-year-old daughter Nahla continues. And these witnesses are shedding new light on the couple’s final blowout – a confrontation that sparked one of Hollywood’s most toxic conflicts.

Two months before their April 2010 split, Halle, 45, returned to Los Angeles after a trip to San Francisco, and sources say it was anything but a happy homecoming. “Gabriel was there, and Halle told him to leave or she would call the police,” a colleague of Halle’s, who has seen the court documents reveals.

“He screamed that she was a ‘ghetto n****r’ and threw a chair against the wall,” the source says. “Halle was shaken and sobbing.”

Sadly, such before was not uncommon for Gabriel during the couple’s nearly five-year relationship, the new witnesses claim. Gabriel allegedly insulted and attacked valets, waitresses, nannies, Halle – and even their daughter.

“Gabriel hated that Nahla was mixed race,” a colleague of Halle’s claims. “He never wanted her hair to be braided, and he always said that Nahla was white. Friends tried to get him to understand that being mixed was part of her and Halle’s heritage, but he wouldn’t hear it…”

“Approximately six months after they started seeing each other, their sex life dwindled,” the insider reveals. “They rarely had sex, but Gabriel loved to watch porn…”

“He didn’t show any enthusiasm about the pregnancy,” the insider explains. “He didn’t help pick out baby names, help Halle relax, anything. His whole life was about playing golf. And when Nahla was born, he wasn’t any help either.

At Nahla’s second birthday party [in March 2010] “Gabriel didn’t even bring a gift for Nahla, and he was rude and stand-offish to the guests…

“He brought Nahla to her room and made her take a nap so everyone would leave!”

[From Star Magazine, print edition, October 10, 2011]

This is in Star, which doesn’t mean it’s false although it definitely could be. I’m thinking that what happened was that one of Star’s court sources dug up some stuff from this case that’s from earlier this year, when all these claims were flying around in the press. I’m really hoping that these two have reached some sort of truce for Nayla’s sake, but I think that the last we heard they were still duking it out in court, with Halle winning some sort of judgment to bring Nahla with her on set. So the accusations could be new for all we know, even if this happened back in February.

Here’s Halle out in Majorca on 9/12/11 with her boyfriend, Oliver Martinez, and Nahla. She recently broke her foot while filming there. Oliver was spotted out with a cane too. I wonder what’s going on there. Gabriel and Nahla are shown out on 8/10/11 and 8/17/11.

Credit: Kadena Press/WENN.com