This news came out yesterday, but I wanted to listen to TMZ’s explanation of this complicated story and it took me a little while. They covered this on TMZ live yesterday (it’s in the first part of this video) and I think they did a great job of explaining it clearly, along with all the legal issues. As you know, Halle Berry has been gunning to move to France, against the wishes of her daughter Nahla’s birth father, Gabriel Aubry. TMZ head Harvey Levin explained why Halle is likely to be allowed to move to France by the judge presiding over her custody case, essentially taking Nahla away from her dad. Levin sounded much more balanced in his viewpoint this time around, and he admitted that it was messed up that Halle will probably get to move to France, under the current custody law. It’s all about which custodial parent Nahla is better off with.
A new custody evaluation report supposedly found Halle to be the superior parent. Under the current law in California, a child can move anywhere the custodial parent wants. Now, given Halle’s income she will most likely have to foot the bill for Gabriel to come to Paris to visit Nahla, but she probably doesn’t care. According to TMZ she’s about to get her way.
I’ve transcribed some of TMZ live below. Most of the quotes are from Harvey Levin:
Halle Berry came out the better parent in the custody evaluation report
The custody evaluation report is in. Halle Berry won, the custody evaluator said Halle is the better parent.
Gabriel has “personal issues”
Gabriel has ‘personal issues that prevent him from being the kind of custodial parent that would be secure, and safe and good for Nahla.’ The custody evaluation said it would ‘affect his ability to be responsible for Nahla’ They don’t think he has any problem with how much he loves his daughter, but there’s a couple of personal issues which affect his ability to take responsibility.
The custody evaluation is based on Halle’s allegations!
[The report] is sealed, but it is a long report. The evaluator is addressing a lot of the allegations Halle made. When they went to Europe, Gabriel allegedly neglected the child and the child ended up being in harm’s ways as a result. Not that he wanted to put the child there. According to Halle… and the evaluator, he’s not a great parent in regards to being responsible and ‘on it.’ He loves his kid for sure, and she loves him, but in regards to being a custodial parent, Halle is the better parent.
Why Halle will probably get to move to Paris
The way the law is worded in California, the judge cannot second guess Halle’s [move to France.] The judge cannot say ‘you’re not going to move to France…’ If any parent goes to a custody judge and says ‘I’m moving to Paris [etc]. Whatever they say, the judge has to take it as a fact that that parent is moving. The judge cannot second guess it and say ‘no you can’t.’ She has a right to move, and the judge has to accept it.
Given that, the judge now has to say. ‘Is it in the best interest of Nahla to be with Halle in Paris or Gabriel in Los Angeles.’
Why it doesn’t matter if Halle is out for revenge
Here’s what’s screwed up about this. If Halle did this even out of revenge, and I’m not saying that she did…. she could do it. She could say ‘I’m moving to France,’ and the judge has to accept it.
On how Halle came out in the report
She came out pretty unscathed. They’re looking at her ability to parent the kid. Right now she parents Nahla. It’s not so much whether Halle has issues with relationships, and many people say she does. This is about how she parents the kid. The report, the way it’s been told to me, she is the far superior custodial parent.
Frankly the law is screwed up. That a parent can say “I’m moving somewhere,” even if it’s out of revenge. The judge can’t second guess it [he] has to accept it. All the judge is left with is ‘who’s the better parent.’
On if her paparazzi freakout sealed the deal
This thing with the photographer happened way after the evaluator made his decision. It’s not like Halle has to justify moving. It turns out she doesn’t.
[Transcribed from video on TMZ Live]
Notice how Levin admits that the custody evaluation is sealed, and hedges his comments with “the way it’s been told to me.” This is all Halle’s side of the story, and even Levin now believes that this is unfair and screwed up. Aubry hasn’t said a thing to Radar, his outlet of choice, and he easily could. I’m just hoping that Halle is delusional about her chances, as usual, and that the judge makes some kind of ruling that Nahla will remain under 50/50 custody. Hopefully that would mean that Halle doesn’t have the right to move to France. A ruling is expected in this case at the end of the month.
Photos are from March, April and May. Credit: WENN.com and FameFlynet