Halle Berry Loses Legal Fight to Move Daughter to Paris - The Chicago Family Law Blog

The Chicago Family Law Blog

Halle Berry Loses Legal Fight to Move Daughter to Paris

Someone turned down Halle Berry? We can imagine that the most beautiful woman in the world is not used to such treatment. However, it seems there is no accounting for the tastes of a family law judge.

Berry lost her custody battle against Gabriel Aubrey, the father of her 4-year-old daughter, earlier this week. She was seeking full custody in order to move Nahla to Paris, where Berry planned to live with her fiancĂ©, French actor Oliver Martinez. This wasn’t her first loss either. Back in June, she was ordered to pay $20,000 per month in child support.

Custody battles, celebrity-related or not, are determined by the best interests of the child standard. For Nahla, the court had to decide whether she was best served by maintaining a relationship with both parents in the United States or primarily with Halle in France.

Obviously, when parents move to separate countries, joint custody becomes difficult, if not impossible, as a child can't fly across the globe every other weekend and on holidays. Had Halle won, Nahla's contact with her father would have become extremely limited. The question would have been more difficult if one parent was unable to live in the United States, as happened with Gossip Girl's Kelly Rutherford. Her ex-husband was unable to obtain a visa to return to the U.S. from France.

For Berry and Aubrey, both can live in the United States legally. Moving to Paris was Berry's desire, not a necessity, and would deprive the child of contact with one parent.

Halle Berry's arguments weren't completely without merit, however. According to the Chicago Sun-Times, she argued that the damage to her daughter by the constant paparazzi presence necessitated the move. She also argued that two former stalkers (one of which threatened to cut her throat) were now out of custody, which presented an additional danger, reports ABC News.

The court seems to have held the child's need to maintain a relationship with both parents, along with both parents' ability to live in the U.S., outweighed any theoretical danger from stalkers and paparazzi.

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