Although Halle wanted to move with her daughter to France to start a new life with Olivier Martinez, a judge ruled in favor of her ex Gabriel Aubry — but now that the actress is expecting her second child, an expert tells HollywoodLife.com EXCLUSIVELY she could argue again to move overseas!
Halle Berry, 46, fought for custody of her daughter Nahla Aubry, 5, from her ex-husband Gabriel Aubry, 37, but now that Halle is expecting her second child — her first with French fiance Olivier Martinez, 47 — the actress can now argue it would be in the best interest for her and her family to move to France with Olivier, top divorce attorney Vikki Ziegler tells HollywoodLife.com EXCLUSIVELY.
Halle Berry’s Custody Battle With Ex, Gabriel Aubry
Halle tried toargue that moving to France would be in the best interest of her and her daughter, since the paparazzi in Los Angeles is harmful and dangerous to her family, and her fiance, Olivier, is from France. But on Nov. 9, a judge ruled that he would not allow Halle to permanently move overseas, arguing that her daughter should be near her father Gabriel, who lives in Los Angeles.
Halle Berry Pregnant With Second Child
However, Vikki tells HollywoodLife.com that now that Halle is pregnant again, she could argue to move to France yet again.
“It will help argue that she is starting a family with Oliver and that they intend to live full-time in PAris. She will argue that the court should not separate Nahla from her soon-to-be born sibling, and that it is in the best interest of the child to move to Paris,” Vikki tells HollywoodLife.com EXCLUSIVELY.
Olivier Martinez & Gabriel Aubry’s Fight On Thanksgiving
On Nov. 22, Halle’s ex Gabriel allegedly got into a physical altercation with Olivier, when a custody hand-off turned violent. Olivier allegedly confronted Gabriel to speak with him, and the two began to fight, TMZ reported at the time. On Jan. 3, Gabriel was cleared of any charges in the fight.
Vikki says that Thanksgiving fight could also be basis for a move across the country.
“They also may use the altercation that ensued between Oliver and Gabriel that moving far away will be beneficial for the child and that Skpye/FaceTime and extended parenting during holidays and the summer may be offered,” Vikki tells HollywoodLife.
Gabriel Aubry’s Rights As Nahla’s Biological Father
“However, courts do not like to trample on biological father rights meaning Gabriel Aubrey will argue that he still is the father and by moving to Paris his parenting will be drastically affected and the bond with his child could be severed,” Vikki says.
What do YOU think of Halle being able to argue to move to France again, HollywoodLifers? Do you think she should argue to move overseas with he family? Let us know in the comments below!
— Reporting by Chloe Melas
More On Gabriel Aubry & Halle Berry’s Custody Battle:
- Halle Berry’s Ex Gabriel Aubry Denied Visitation With Daughter Nahla
- Halle Berry’s Ex Gabriel Aubry Will Need Anger Management To Keep Custody Of Nahla
- Halle Berry Using Friend, Salma Hayek, In Custody Battle With Gabriel Aubry