Halle Berry Custody Battle: Gabriel Aubry Loses Latest Round

By Jason Beahm on February 17, 2011 | Last updated on March 21, 2019

The Gabriel Aubry, Halle Berry custody case continues with the latest round being called a victory for Halle Berry. A judge has ruled that Halle Berry can travel across country with her toddler to New York to film a movie called "New Year's Eve."

Gabriel Aubry had tried to stop Halle from taking their daughter Nahla with her to New York, TMZ reports. "We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue ... Halle is very pleased with the judge's order," said Neal Hersh, Halle Berry's attorney.

Usually, physical custody is awarded to one parent, who the child will live with. Frequently, the custodial parent shares legal custody of the child with the non-custodial parent. Legal custody rights include the ability to make decisions about the child's education, religion, health care, activities and other important concerns. However, other arrangements are also possible.

Gabriel Aubry originally filed for joint custody, which led to the bitter custody dispute between Aubry and Berry, RadarOnline reports. Joint custody is an arrangement in which the child spends a nearly equal amount of time with each parent. Courts are reluctant to order joint custody unless both parents are on good terms and show they are capable of making mutual decisions for the child's benefit.

In the Gabriel Aubry, Halle Berry custody case, it seems that the two are now on speaking terms and may have worked out some of their issues. Gabriel Aubry indeed has dropped his custody suit, though he is still pursuing a paternity action, TMZ reports.

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