Back when Gabriel Aubry and Halle Berry’s split was first announced, the fact that they had already worked out Nahla’s custody was part of the story. However, just days after the announcement, everything seemed to be getting nasty, with a bitter he-said/she-said public relations war commencing over one weekend. Sources allegedly close to Gabriel announced that because of the PR war, he was looking to challenge the custody agreement he and Halle had worked out. Radar now has a follow-up on that story – they’re claiming that Halle isn’t giving him access to Nahla and that Gabriel is now interested in “permanent custody” on Nahla.
The custody battle between Halle Berry and her baby daddy Gabriel Aubry is heating up, with Gabriel recently exploring his legal options, RadarOnline.com learned exclusively.
Halle is scheduled to spend three months shooting a movie in South Africa and that triggered Gabriel to consider his legal options to fight for permanent custody of their daughter Nahla, a source close to the situation told RadarOnline.com exclusively.
RadarOnline.com broke the story that Halle and Gabriel secretly split months ago and had been to a lawyer to work out financial and custody issues. They have joint custody but in the past few weeks it has been difficult for Gabriel to spend time with Nahla, the source said.
“It’s been pretty difficult for Gabriel to see Nahla the last few weeks,” a source close to the situation tells RadarOnline.com. “He’s really getting sick of it and it’s getting to the point where he is seriously considering his options regarding pursuing permanent custody. He refuses to give up rights to his daughter, he loves her more than anything and is determined to be a regular, full time fixture in her life.”
Gabriel refused to spend three months away from his daughter with Halle scheduled to film in South Africa during July, August and September.
“The latest issue is that Halle is due to move to South Africa during July, August and September to work on a movie and she wants to take Nahla with her full time. That would mean Gabriel not seeing his daughter for three whole months and there’s no way he’s going to allow that,” the source told RadarOnline.com
Halle and Nahla reached a stalemate with both unwilling to give up their daughter during Halle’s three-month shoot.
“Gabriel requested that he be allowed to keep Nahla with him in Los Angeles but Halle wouldn’t let that happen, so the two reached a total stalemate and it started getting nasty, with both of them looking into entering a legal battle,” the source said.
“In the end they reached an agreement. Basically Halle is going to pay Gabriel to be a kind of full time nanny and to come to South Africa for the three months she’s there, and to be Nahla’s full-time caregiver. Halle has a huge house that’s being rented for her and she and Gabriel are going to try to live under the same roof and get along for the sake of Nahla.”
“Heaven only knows how that’s going to work out, as they haven’t been on the best of terms lately, but they do both love their daughter so maybe they can make it work. Halle has got a contingency plan though. If it doesn’t work out with them both living in the same property, she has agreed to rent a house for Gabriel near where she will be staying, and then he gets to look after Nahla all day while she’s working, and return to his place at night.
“It’s certainly not a conventional solution, but who knows, maybe it will work for them. One thing is for certain though – this definitely is not any kind of attempt at reconciliation. It is definitely 100% over between these two, and if it wasn’t for the fact of sharing a child together they would quite happily never see each other again.
“As it is they are stuck with each other, and I guess all they can do is try to make things as harmonious as possible for the sake of Nahla – she is the number one priority for both of them – so maybe, for her sake, they can make it work.”
[From Radar]
Is it weird that I think Gabriel is making a really good case for primary custody? Not permanent custody, not sole custody, but primary custody. As in, Nahla stays with him most of the time and Gabriel gets to say when Halle gets to see him. I dislike when mothers (of fathers, for that matter) use custody and visitation rights of the child against their former partners. It’s obvious that Gabriel has been a “nanny” (some would say “a father”) to Nahla all of her life, and if he wants to get his legal ducks in a row and challenge their custodial arrangement, I think he should.
Header: Gabriel & Nahla on July 8, 2009. Credit: INFphoto.com.
halle’s a neurotic diva bitch – always has been always will be. she probably really believed she could just take nahla and never see gabriel again.
I don’t believe the story. I am sure that they are mature enough to sort this thing out. At the end of the day it’s about what’s good for Nahla.
I’m sure they can afford to fly up and down to be with her.
Good for Gabriel for being a father and demanding his parental rights. Too many times one parent lets it slide after a divorce and the kids lose out on a strong relationship with both parents. I hope they work it out.
I say give custody of the child to Gabrielle and let her Halle see how it feels to have someone keep you from your flesh and blood. Just because she has never managed to keep a long term relationship going, does not mean she gets to determine his relationship with his daughter.
Didn’t read the story. Only care enough to write…OMG! How absolutely adorable he looks walking around with his little girl! Too cute!
Nahla is simlpy adorable!
I hope they reconcile, she should give him a break, he loves his daughter and he wants to be with her. Halle needs to stop being a diva and get her priorities straight, her daughter’s happiness should be first.
“It’s obvious that Gabriel has been a “nanny” (some would say “a father”) to Nahla all of her life”
I don’t understand this sentence at all.
If the gender were reversed and Gabriel was a Gabriella, would you say “”It’s obvious that Gabriella has been a “nanny” (some would say “a mother”) to Nahla all of her life”?
Judging from pictures they both seem like hands on parents, with the mother this is perfectly fine, but the father is (“degraded” to a) nanny?
Lara – Radar’s source referred to Gabriel as a “nanny”. I was pointing that out and making the point you were trying to “correct” me on.
Team Gabriel. He actually wants to be in his daughter’s life, and Halle is pulling sh*t with visitation? I’m not surprised. She’s not emotionally stable.
I despise parents who use their children as a weapon to hurt the other parent.
It’s such a shame. They were such a beautiful couple with a beautiful baby.. BOO!!
He should have any and everything he wants, forever and always. And even if the story is bullsh*t, I appreciate you posting it and can only say, “More please”.
I know that in many, many custody cases, one parent cannot take a child out of the state, much less out of the country, without permission from the other parent. What judge would allow her to take the child for 3 months without Gabriel’s permission?
As a notary public, I have had to notarize documents several times when a divorced woman I know wanted to take her to kids to England to visit family. It was fine with the ex-husband, but they still had to file notarized permission with the courts before they could go on the trip.
I also remember being at the Canada/US border and a man and his son were turned back and not allowed to enter Canada because he didn’t have permission to take the kid out of the country.
So why would the rules be different for them?
@ Kaiser: My bad, sorry.
I did not catch the irony.
I thought CB wasn’t following up on these Bull Sh*t stories attributed to “sources” regarding these two.
@ Snarf
Me too. Halle isn’t the only actress with a kid. I find it hard to believe that this is suddenly an issue. What do all the other actor/actresses do with their kids? Or even their husbands/wives? Is shooting in South Africa something particualty special? IF this is true, I doubt this is about what they are saying it’s about. People often use their kids as weapons in a breakup. I’m starting to think Gabriel is the one controlling the media. Every story is pro him.
@Sammy : It works completely different because border control is there to control who gets in and out.
In daily life where a parent is refused his granted visistation rights there is not much you can do, besides going back to court. Police enforcement has no jurisdiction is this matters so one cannot force the other parent to comply, if not by another court order. And I am sure that being restrained from contact with a parent is already demaging enough to a child, a forced reunion wouldn´t exactly make things better.
And so the custody nastiness begins. Poor Nahla.
The term you’re looking for, I believe, is “physical custody”. Most custody arrangements are considered “permanent” unless something changes.
on what grounds?
Don’t tell me that Halle Berry thought that NOT getting married meant no custody battles because there’s no divorce.
trashy break up! i hope it’s false because that looks alike many divorces and custody fights and what say “he was her nanny”! he’s her father!
I think not getting married would of spared her the alimony drama. But at 34, those $700,000 pay days Gabriel’s claiming isn’t going to be coming in for long. I think what she IS trying to avoid is the child support windfall he’d receive if he ever got primary custody of Nahla. Not saying he’s a gold-digger, but it’s something to consider.
This is a trash story – total garbage. Obviously, Radar is the go to for Gabriel’s sources and has been from the beginning! This “story” is actually a rehash of the last garbage. He was “considering” filing for custody when the stories about him being a deadbeat were out and about. Don’t tell me he didn’t know about her filming schedule a couple of weeks ago. This stuff is scheduled way in advance.
It’s sad to see you fall for these obvious story plants and regurgitate them without any context.
I’m with Carmelatta & Snarf. The majority of stories being reported paint Halle in a bad light. There are 2 people in a relationship, and I don’t buy this one-sided reporting. There’s been nothing to indicate that Halle is denying Gabriel visitation with Nahla. Nothing except stories from Radar.
he’s been Nahla’s primary caregiver so it makes sense that he should have primary physical custody
What a situation I would LOVE to be in….making millions, and my sweet child being cared after by a father who loves her in a house where I know she is safe, onsite, well cared for and loved. I’d suck up ALL my issues w/ my ex just to have that opportunity for an hour!!!
Halle seems to be one undercover crazy ass chick. She cannot hold on to a man.
BTW , Nahla is adorable.
If this is true he should go for custody. Halle does have more money but hopefully he can get decent lawyers too.
Hard to believe he confides in Radar but he may want to threaten Halle about consequences of bad behavior.
If you love your child, you don’t play petty games to keep her away from her father. So this deal they’ve set up – if they really have – sounds rational.
It’s wonderful that they’re both being mature enough to understand that their daughter comes first, but I have to side with Gabriel on this one. His job requires that he be gone maybe a few days at a time, where Halle’s job requires her to uproot for months at a time. No contest, he sounds more grounded, he should have primary custody.
Wow. Some people look younger sans make-up, but Halle looks her age in that photo. He is one beautiful man.
That baby girls is gorgeous.
So isn’t her Daddy.
Halle, not so much.
Okay, so my question is unrelated to this story but I can’t find anything on it anywhere. Does anyone know what the deal is with Halle and her ex-husband’s (Eric Benet) daughter? I remember reading that Halle had adopted her and considered her to be her (Halle’s) daughter. There are never any pictures of her with the girl anywhere. Does she even see her anymore? Sorry to intrude on this story but just something I’ve been curious about. Thanks.
I don’t think Halle actually went through with the adoption of Eric’s daughter. Last I heard she no longer saw her either. Too difficult for Halle after the divorce. I’m not saying that’s right but it’s what I read a long time ago.
Thanks for the info, Jeri. There’s just never been anything about it that I’ve seen. That’s so sad, from what I remember they were close.
Am I the only one who thinks that the soloution is insanely obvious? Neither of these people are hurting for cash, so buy a plane ticket and be fabulously wealthy out of state.
Hi! I think they said “nanny” to precise that he was “keeping” Nahla, and NOT a nanny paid by her parents. They wanted to pinpoint how close the father was to his daughter, even babysitting his own child during day time.
You can be a father but not take care of your child all day long, not play his babysitter… Visibly Gabriel was playing both “roles”. Additional reason to AVOID a separation! The kid lost her father and his “nnany”. This is how I understand it.
There is alot of unrest in south africa so perhaps it is not the best place to go and film a movie? And it would be interesting to be a fly on the wall with this situation.
I am not a Berry fan. So I am on Gabriel’s side. Good for a father wanting to be a father for a change. Berry has had a history of strange behavior.
If she is wants to work, then let Gabriel have her for the 3 months and he can take her to visit Berry. She will be busy filming, so the correct thing to do, is have her with the parent who is less busy during this time.
The more equitable way of referring to a dad who is hands-on, looking after his children, whether it is for one evening, or a long weekend, is to say that the father is “co-parenting” while Mom has the night off, not “babysitting”:) It acknowledges that both parents are equally important as an influence in a child’s daily life.
Angelina Jolie and Nicole Kidman both made speeches in the media about their kids being a priority in their life. Angelina said she was planning to take a few years off acting to focus on her kids. Instead, she continued to do movies each year, show up at media events such as Cannes, and travel the world playing UN “ambassador” for refugee causes (as Brad was also doing movies and playing “architect” in New Orleans).
Nicole Kidman was acting on stage within 8 weeks of Sunday’s birth! Their careers didn’t seem to slow down one bit in response to becoming a parent.
Halle could have afforded to pick more “child” friendly acting jobs that didn’t require her to drag her young daughter out of the country and away from her father or grandparents for 3 months. Young kids especially need a secure routine to thrive emotionally, without too many upheavals and changes.
I have to give credit to Demi Moore. She actually “put her money where her mouth is”, moved herself and her kids to a more “family-friendly” community out of Hollywood, and really did put her career on the “back burner” for years to give her kids a stable routine. (Not so sure Bruce made a similar effort to slow down his career.) Yes her career wasn’t so hot at the time she moved away, but at least she didn’t desperately rush back from maternity leave in an insecure attempt to revive a flagging career (cough, cough, Nicole and J-Lo).
All I’m saying is, Halle doesn’t need the money and could afford to turn down foreign movie roles, or even work on a regular television show, in order to give her kids a stable daily routine. Same goes with Gabriel. Then when the kids are older and not so emotionally dependent on their parents, or staying close to their peer group, the parents can go back to taking jobs with travel and long days/nights of work.
Financially they both have options and don’t have to work 3 jobs at a time, never seeing their kids until after they’re in bed etc… Some parents struggle to pay thier bills and would love the opportunity to put their career on the backburner to enjoy more time with their kids during their “formative” years.
I think it’s disgusting that he would demand that Halle PAY HIM for taking care of his OWN CHILD. What kind of father does that? I don’t care how cute he looks, he’s starting to sound like a gold digger. This is exactly what Britney did with KFed when she was on tour, and we knew he was using her and their children for money. This guy is no different.
He has NOT been the primary caregiver. They have been raising the child together, but now it seems he wants to use the child to get money from Halle. Something’s not right here.
let me see if i understand this:they broke up quitely months ago. yet, we saw pics of them out as happy family even going to the zoo together and apparently with no problem co-parenting.( according to multiple sources the have a lega 50/50 custody agreement) then, for whatever reason a pro gabriel”source decides to not only alert rader mag but also give the reason he ended the relationship.days later halle confirm to people mag.source also told people that halle kicked him out because he wasn’t pulling his wt in the relationship. according to rader gabriel was mad about that claim and threatened to take nahla and raise her in canada away from the media.stories we’ve since then,has been pro gabriel and anti halle and this one is no different.people in hollywood share custody and they go away on location out of the country all time and they find a way to make it work for the best interest of the child.according to the post halle and gabriel seem to have worked outa good plan for nahla for while halle is on location, i don’t understand the threat for fight for custody and why rader has to be informed of personal matter that has obviously has a resolution in place. I just strongly believe that it is detrimetal to constantly threaten to remove a child from a loving parent whever things don’t go your way.if he has a a legit reason to want full custody, then he should sue her and present his case in court instead of using the media subjecting that child to so much scrutiny. by the way,
Gabriel spent more time away working in the last 2yrs than HAlle did so gabriel is no more hands paren than halle.
Lets see – hes a pretty-face, somewhat over-the-hill male model without a proper job, shes a hard-working actress who earns many times what he earns, diva or not. If the positions were reversed, who would most of the commenters above be rooting for?
She should be entitled to keep her daughter with her on her overseas trip. As a divorced father with primary custody of three kids and an ex-wife whose one ambition in life is to cling to my income through our kids, I have no sympathy for him.
@Sal: I would think that as a divorced parent you would maybe have more sympathy for someone wanting to have primary custody of their child. Just because your ex-wife’s motivation is money doesn’t mean everyone’s is. (For example, my ex-husband has no particular desire for either my money or visitation with our son for that matter.) Just because he doesn’t fly all over the world making sub-par movies doesn’t mean he doesn’t make plenty of income to support his daughter financially and emotionally.
Actually, I think his less time-demanding job makes him a good candidate for primary physical custody. Obviously none of us knows the real details, but people are so quick to judge…
@bhella khar, what unrest in South Africa? Stop talking nonsense, and why should Halle just up and take their daughter out of the country? Thats just wrong.