Did Gabriel Aubry just win his court battle for joint custody or is a ruling still pending?

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

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71 Responses to “Did Gabriel Aubry just win his court battle for joint custody or is a ruling still pending?”

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  1. Forever says:

    Ok babies need both patents even if the relationship does not work, why should the child suffer. I don’t care who did what said what blah blah blah, all that matters is that little girl and she needs contact with both of them. End of rant.

    • hstl1 says:

      I agree but I think Halle’s game is to bury Gabriel in legal fees to get her way. Poor Nahla.

      • cutie says:

        Actually, Halle is paying Gabriel’s legal fees.

      • autumndaze says:

        She is a narcissist of first order and will never tire of this courtroom charade until it goes her way.
        She is one toxic woman and I feel for Nahla, especially, but Aubry too, for having to have ongoing contact with her.

    • originalone says:

      I would agree with you, except the fact that someone is playing a tabloid game, with pictures to basically skewer the other party.

      I understand Halle’s past with abusive men. And how her mother was the only strong, and faithful, denominator in her life. But also, I understand this woman had left the scene of 2 car accidents. And had “amnesia” in one, where she could have ended up with jail time.

      And wasn’t she the one who praised her relationship with Aubry, especially after Nahla’s birth, and had said something to the fact that he is a calming influence in her crazy life? That with him she is able to get away from the demands of Hollywood?

  2. brin says:

    Ugh. They both need to stop putting this in the tabloids. So childish.

    • originalone says:

      The problem is, Gabriel HAD taken the high road in the beginning for the sake of his child, but it landed his ass in court for alleged abuse!

      Don’t you guys remember the freaking CRAZY crap Halle pulled about a year ago, in order to have full custody of her child? And she keeps on playing the same game, over and over, but Gabriel is supposed to be the grown-up and take the high road!!!

      His taking the high road almost cost him time with his daughter. Wake-up people, it’s a whole different ball game out there. And playing nice does NOT pay off. At all.

      • Sydney says:

        Unfortunately I think what you’ve said is completely true. I don’t blame him at all and I think it’s very easy to condemn him.
        For those people saying take the high road; if you’ve got a kid that the other parent is trying to prevent you from having a relationship with, how would you feel? Especially when false allegations are made against you and your reputation is being trashed on an international level and your character is being called into question?
        I really hope he does get to have shared custody and without supervision. If anything, I think it’s Halle who should be supervised.

  3. Forever says:

    Sorry for typo I meant parents..

  4. kit says:

    I wonder if things aren’t getting really confusing for Nahla at this stage. It’s not as if her mum and dad are showing restraint so she must be picking up signals from both of them. I feel so sorry for that little girl.

  5. islandgirl says:

    I think he is as bad as Halle. Very selfish people who are not putting their child first. I cannot imagine doing to my little girl what they are doing to their daughter. Anybody can look to be a good father or mother in front of a camera but behind closed doors ie another story. I still don’t get the appeal of him.

  6. mel says:

    I don’t know…I just think Aubry is doing whatever he can to counter all the stuff Halle throws at him…she is a controlling manipulative person who will stop at nothing to make him suffer so she can get full custody for her daughter. I can’t even imagine what it must be like – I am so glad he is not letting her win and for that I think he is probably a great dad. She is probably a great mother…but I harbor such nasty feeling towards Halle because she basically turned her back on her step-daughter after the divorce…my heart broke for that little girl.

    • Asli says:

      OMG – That’s so sad. Poor kid.

    • Kasey says:

      You know what it just dawned on me that this is further proof why in Halle’s mind her demands and actions are both reasonable and justifiable. Abandoned and estranged by her father and faithfully loved/cared for/supported by her mother, physically abused by a boyfriend to the point of losing her hearing, abused by her first husband, some other issues with the 2nd husband whose child she step-parented and when they split she felt it best to sever ties with, verbally abused by her hot baby daddy with anger issues who tricked her because he waited until AFTER she had his child to show his extreme nuttinrss that she could no longer take it. If YOU were in that situation and had lived that life with that colorful array of relationships wouldn’t it make sense and seem perfectly reasonable for you to sever ties with the baby daddy since you know that dads are basically just donors, relationships between males and females are unimportant and not as long-lasting as the one between females, mothers and daughters. and blood relatives? Seriously y’all don’t her words and actions kinda make sense within that framework?

      • Violet says:

        You’re assuming she’s been honest about every single one of her exes treating her badly. This is a woman who’s abandoned the scene of TWO hit-and-run accidents she caused. She’s a self-centered liar, through and through.

        Halle used to praise Gabriel for being a wonderful father and only changed her tune when he went on a date with Kim Kardashian after he and Halle broke up. Then Halle started gunning for him, doing her best to cut him out of Nahla’s life and trash-talking him at every opportunity.

        I think Halle is batsh*t crazy. I really hope that Gabriel is able to remain a part of Nahla’s life, despite all of Halle’s manipulations.

    • Asiyah says:

      “I harbor such nasty feeling towards Halle because she basically turned her back on her step-daughter after the divorce…my heart broke for that little girl.”

      THANK YOU! I was thinking the exact same thing. I thought I was the only one who remembered this. All this crap about how she loves her like her own daughter and then she divorced Eric and never looked back.

  7. Asli says:

    Good for him. He should really get fencing around his house so that the paps don’t get pictures when he’s hardly out the door. That must be annoying.

    • Veruca says:

      Unless you’re a famewhore who lives for attention (in other words, half of Hollywood).

      The dude didn’t become a model because he valued his privacy.

      I think the two of them are disgusting. I don’t know how Oliver can stand by crazy Halle and her crazy antics without thinking, “Is this my future?”

      • Asli says:

        LOL! I thought about that after I posted ;P

        I find it really hard to think that Gabriel’s this horrible guy Halle’s portraying him as. I just don’t see it. Not because he’s gorgeous (as most would say) but because of Halle’s history of being… not very pleasant.

      • MW says:

        A lot of those photos are coming out of Nahla’s school. Not his front door. He can’t exactly put a fence around it.

      • Asli says:

        LOL! I’m thinking about the bottom pic. Isn’t that his house? There’s plenty of photos where he’s coming out of that house.

  8. Talie says:

    I don’t blame Gabriel for doing everything he can to clear his name. You got it right, TMZ is in Halle’s pocket, so he needs someone in his as well to counterattack. It’s just unfortunate that it has come to this and these two just can’t function as co-parents.

    • TheOriginalVictoria says:

      Wrong. He needs to man the fuck up and become an adult and let Halle look bad all on her own. Focus on his child and work with Halle as best as he can so they can provide some stability for the kid.

      See from day one, this is what my issue was with this entire situation. The fact that everyone was trying say only Halle was fighting dirty, but she wasn’t.

      They both were and are acting like assholes.

      You never fooled me Gabriel Aubry. I saw right past the photos, and pretty rugged model looks. You are just as bad as she is. So stop trying to call her out.

  9. Riana says:

    To be honest I feel for him. We often hear stories about women struggling to maintain their reputation and children when their ex-spouse decides to remove the child from them and smear them in the public eye to get it.

    Much of Halley’s past relationships and actions come off as very shady to me. The current state of her interaction with Gabriel seems to entirely be: He’s a terrible man, he’s a racist, he’s abusive. All that’s missing is a drinking problem and calling him a whore.

    I think it’s very hard to maintain a moral highground when you’re in a situation with someone who DOESN’T want to work with you. Hallie seems to be in it to what’s good for her, not Nahla, and she seems content to destroy Aubrey to get it.

    If he said “I don’t want this little girl” this would all evaporate in a second, but the fact he’s fighting means she has to get uglier and uglier with the fight.

    P.S. No judge would really link the reports in tabloids to Aubrey, you have to remember when you don’t read celeb gossip all day you’re more likely to shrug off claims than assume conspiracies.

    • jess says:

      this whole racist thing confuses me. how can she call him a racist when he dated AND procreated with her? wouldn’t being racist have put the kibosh on that?

  10. jennifer says:

    Ewwww, that pic of Olivier kissing Nahla on the mouth is disgusting!

    • Sol says:

      Totally agree!!That was the first thing i thought.He is just his mom’s bf , will she let every bf kiss her little girl? Im from Argentina and we don’t have that custom, i respect that in US it’s normal but between children and their parents.
      If i were Gabriel that would really upset me !!

      • BabyCakes says:

        Probably the whole point of the picture. I’m sure it was Halle’s intention to get a rise out of Gabriel.

    • bluhare says:

      Why? She’s a little girl and he’s her mom’s live in companion of some time.

      That being said, it was obviously designed to make Halle and Olivier look like the perfect family unit as opposed to anger obsessed single father. Pretty transparent, really. Halle should be ashamed. What would she have to say if Gabriel had a gf and floated photos of her kissing Nahla?

      • MW says:

        Bluhare, you got that right. If Halle saw a photo of a girlfriend of GA’s kissing Nahla like that, you would have been able see the steam rising from Halle’s house from outer space. Immediately followed by more false accusations against GA and an emergency Court hearing to terminate his parental rights.

    • Lissa says:

      That pic/behavior is just inappropriate. Little half-dressed girls should not be kissing mom’s bf on the lips, no matter how innocent it may actually be. If the situation was reversed ie: Dad’s gf was kissing their SON on the lips, you better believe Halle would being using the pics as a loaded gun to claim all kinds of “potential sexual abuse” junk.

      I have been in my step-son’s life since he was 2 years old (he’s now 12) and though I’ve carried him around and hugged him and even kissed him on his forehead once when came home sick from kindergarten, I’ve NEVER kissed him even on the cheeks, let alone MOUTH! I understand everyone is different and that’s cool too, but I think as a step-parent (and even more so for one of mommy’s revolving door of BF’s), you have to maintain an extra line of respect and comfort for everyone involved, especially the ex, they still deserve to have their feelings and children respected.

  11. OXA says:

    Where is the proof that Gabe is feeding this crap to Radar rather than them fabrication to get a rebuttal.

    Gabe has been mute since all the allegations of misconduct started a year ago. Note that Halle’s camp so quick to malign him, did not volunteer that she did not win sole custody last year. Leave him alone and let him be a father to his child.
    As for who pays the attorneys etc, California is a 50/50 state and if he were the bigger earner he would be paying Halle’s legal fees etc.

    • SweetLou says:

      BEST POST SO FAR!!!!!! I totally agree! Everyone keeps saying he is doing this and that…but where’s the damn proof??? TEAM GA!!

  12. mel2 says:

    Wow this all so sad. I feel bad for Nahla and I am so glad that the judge did not deny Gabe from seeing Nahla regardless of what happened. They both need to grow up. Life is too short.

    • Photo JoJo says:

      Exactly. These two need to get over it. I hate the way all the nasty allegations come from Halle and there is never any substantiation to the claims. Doesn’t she know that one day Nahla will be able to read all this stuff and realize her mom was being vindictive and nasty?

  13. Hautie says:

    My bias opinion.

    I am just waiting for this to get really ugly. Halle is determined to bury this man no matter what it takes.

    Plus she has probably already racked up a half million dollars in legal fee’s. Just trying to run off Gabriel. Her rage for him has to be stunning.

    I wish the Judge in this case, would send her to the mental health center. To see what the hell is wrong with her.

    If there has ever been a female with “Daddy Issue’s”… it is Halle.

    And none of the behavior, from the last 6-8 months, has done nothing to make her look stable.

  14. Feebee says:

    So if Aubry has to go to anger management sessions, shouldn’t Halle have to go to bitch management sessions?

  15. ladybert62 says:

    Two questions:

    (1) How does the child get counseling sessions – she is what – 3 years old or so – I would think conversation skills are limited.

    (2) Why in the world would anyone who has a cast on their foot go to a sandy beach? I have worn a cast and know how uncomfortable it can be – and to image getting sand in it – well, that would be awful in my opinion.

  16. islandgirl says:

    So what I am reading here is that some people feel for gabriel because they hate Halle no matter if he maybe a shitty parent. Just brilliant people. Both of them are crazy and selfish people

    • Tiffany says:

      There is no evidence that he has been a shitty parent. The more she accuses him of outrageous things that the court ends up dismissing, it makes it seem as if she has lied before and will lie again.

  17. The Original Mia says:

    It was a victory for him, Kaiser. The court didn’t believe the nanny. They didn’t temporarily strip him of his rights. That is a win. The nanny’s allegations were shocking (man pushes his daughter’s nanny while she’s holding his child).

    I’m glad they are all getting counseling, though. It’s needed by both. I doubt Halle has ever addressed her issues of abandonment. If she had, she wouldn’t be pushing for Nahla’s father to be removed from her life just because Halle’s moved on.

  18. RobN says:

    The crux of this issue is that if the parents can’t manage to do it, then the person who delivers the kid back and forth should be a neutral party. I have a hard time blaming Gabriel for getting upset over the fact that the nanny is basically a paid spy who reports his every move back to Halle. That would fry me, too.

  19. foozy says:

    here’s hoping gabriel gets full custody

  20. TG says:

    I agree with many of you on here. Neither party is behaving in the best interest of their daughter. But, I still think Halle is the worst offender. Someone mentioned above about poor Halle having to deal with a father who abandoned her and all her other bad relationships. Please, cry me a river. The question she should be asking is why her mom had a child with someone who wasn’t willing to stick around. And don’t tell me this came a surprise to her mom. I just don’t believe it. I think her mom played the victim because she did not want to acknowledge that she is a bad decision maker and likely a selfish one since she didn’t consider the matter before having sex with this man, and Halle has been doing the same ever since.

  21. mymy says:

    This man doesn’t come near to being as bad as Halle. Being on the defensive all the time isn’t a good look. You have a personality disordered person try to steal your child from you and see how you all come off.
    Not only that but replace him with a man who never had a child and now all of a sudden acts all parental with his child. I would look like a lunatic if those were my cards. I say he is doing good

  22. Gal says:

    She went to the beach in a cast to get her picture taken.

  23. Jamie says:

    Sorry, but I’d believe him before I’d ever believe her. She’s fucking nuts and she just continues to prove it over and over again. She needs mental help.

    • Little Darling says:

      Co-sign this FOR SURE!! She’s absolutely nuts, and has a scattered history to say the least. I feel bad that Aubrey has to deal with this nutcase for the rest of his life…which proves that he clearly cares for his baby girl…most men would just sign off on that mess and let her be.

  24. Tiffany says:

    “isn’t it dumb and reactionary for his side to feed details to the press?”

    Um, NO! His ex has been feeding to the press that he is a racist batterer, the guy has to clear his name some how! He is just defending himself, it isn’t as if he started the nasty “abuse” bs in the first place.

  25. Tweakspotter says:

    Have any of you had to deal with the family courts in CA?! I have and it is very hard to keep the child from either parent unless he/she has been arrested for whatever they are claiming. Heresay is not enough and the judge usually ALWAYS go with the Mediators recommendations. Keeping it together in front of the mediator is key and the one that loses is the one that loses their temper in mediation. They both just need to keep the ego’s in check and calmly say “I’m not comfortable with that arangement”.

    • the original bellaluna says:

      Yes, I have. And it’s a NIGHTMARE. I had an active restraining order, and they still had the audacity to tell me, as I sat at the same table as the man who nearly killed me less than 6ft. from my son’s crib (and then threatened to take him from me) that they “generally award custody to the most co-operative parent.”

      So, by all means, give the kid to the charming socio/psychopath because he’s charming and co-operative? SERIOUSLY?

      Also, re: not letting the other parent see the kid? I’ll repeat what I said yesterday, what my mom (a veteran family-law paralegal) told me:

      The courts don’t care if he’s (she’s) fornicating with their new piece in front of the children while doing lines off the nightstand. It takes A LOT MORE than that to get sole legal custody and supervised visitation or a no contact order. Now, if the new piece was a child molester, that’s another story…

      • Tweakspotter says:

        Exactly…THANK YOU! Your Mother knows best. I’m so sorry you had to go through that. BELIEVE ME I have been there and know how you feel. It felt like a wicked divorce and I wasn’t even married to the idiot!

    • Katherine says:

      The nanny’s testimony is not hearsay. It is direct evidence. If it is being dismissed then those who have heard it see right through it for what it is. And don’t think that they don’t also think that Halle set this up.

      Those who advise the court on these matters and the courts themselevs have seen it all before.

      Mark my words Halle will be unleashing the nuclear bomb of custody battles in due time. She needs to lose primary custody and just be allowed visitation perhaps observed visitation for a while. I’m waiting for Halle to feed this little girl nonsense to repeat to the social workers and judge.

      This is all so sad.

  26. Sarah says:

    It’s tragic when parents won’t put their own differences aside for the sake of their children. I’m so glad my parents kept it amicable.

  27. the original bellaluna says:

    I’m glad they’re all in counseling and BOTH parents have to take parenting classes. As for therapy/counseling for Nahla, I think she’s a little young. Maybe start her at 5…

  28. Anon73 says:

    amen to the poor Nahla’s. why do i have a bad feeling this beautiful little girl has a tragic future awaiting her ?? 🙁

    for Berry and Aubry : i am dying to know what exactly went down between that they split are on SUCH acrimonious terms.

    don’t doubt this is being taken to the extreme by a pyscho Berry, but dying to know what set her off. esp when you see old pics of them when they were still together and she seems so darn happy with Aubry.

    • Kasey says:

      I think what set her off is she was planning on having unlimited majority access/custody. She had no expectations of him having silly notions and desires of being an unnecessary father figure in Nahla’s life and obviously thought it’d be easier to sever ties with him. When Gabe decided Nahla was their CHILD and not a piece of furniture for one person to take after a split and that joint custody was preferrable Halle sharpened her claws and got ready to rumble.

    • skuddles says:

      I think much of the acrimony here is due to Aubry dumping her..

  29. lorjon says:

    Instead of being grateful that Nahla has a dad who wants to be a part of her life and loves her, Halle just wants him out of the picture completely. But finally the judge and social workers in L.A. seem to be seeing what is really going on and totally rejected the nanny’s “story”. Good for you, Aubry. Maybe there’s more strength to you after all than just your great looks. Maybe Halle picked the wrong guy to rumble with this time! She has badmouthed every ex she ever had. And when she was going with Eric Benet, all she did was rave about how she was like a mother to his little girl. According to Eric, she never once kept in touch with the kid after they split. There’s so much fakery about Halle and let’s not start with the hit-and-run which she tried to get out of!

  30. freud says:

    is it just me or does it seem halle is hell-bent to recreate her own childhood with her daughter ? dad is being painted as bad/abusive guy, mom does not share custody, trying to make sure dad is out of the picture so she can raise daughter as single parent, this is all too much coincedence ! berry is the one who needs mental health counseling. aubry’s frustrations in this case are certainly understandable.

    • Kasey says:

      YES! I think what worked for Halle is what is normal/standard for Halle and what she’s attempting to live out. It scares me that she’ll be successful at perpetuating this sad cycle with the 3rd female generation. Good thing and difference is Nahla has a father who loves her and desires to be active/present. I wonder how Halle’s sister fared.

  31. aud says:

    I read these stories and just get distracted by the gorgeousness of Gabriel.

    God, he’s an attractive man.

    I really only read these for the pictures, honestly

  32. dj says:

    Absolutely Freud! She may not consciously be repeating though. I feel for Gabriel because this is similar to what my husband went thru with his kids. He took the high road and now barely has relationships with them due to unstable toxic ex “poisoning” them with untrue stories. We’ve been married 20 years and it’s still the same.

  33. sandra says:

    Take the high road? It wouldn’t be me taking the high road if there were stories about my violence and temper in the press every week. I’d be loud and proud to get it out in the press that the court found no reason to change any custody provisions.