Halle Berry wins first round in child custody case

[HMG Celebrity News] – The only thing meaner than the typical Hollywood divorce is a Hollywood custody battle, and Halle Berry and her ex, Gabriel Aubry are engaged in a perfect example.

The pair split on April 30th after five years together, but they still can’t settle the question of who takes care of their two-year-old daughter, Nahla.

The pair were in court last month after Gabriel filed a custody petition, and Halle had to drop out of her next film ‘New Year’s Eve’ to be there. Katherine Heigl got her role, but Halle’s now rejoined the film – and Gabriel’s still causing problems.

Canadian-born Gabriel, 34, said he would not let her take Nahla to New York for the one-week shoot. Halle offered to put him up in an NYC hotel for the week but he still refused. So they went back to court.

“Why do I have to follow her? She can leave Nahla here,” TMZ quotes him as saying before the hearing.

Yesterday an LA County Superior Court judge basically told Gabriel to shut the hell up. Halle will now do the New York trip in two-weeks – alone – and there’s nothing he can do to prevent it.

Halle’s new role in ‘New Year’s Eve’ sees her cast as a nurse. Other stars include Sarah Jessica Parker, Zac Efron, Hilary Swank, Ashton Kutcher, Carla Gugino and Robert De Niro. And that’s not a bad list.

But the custody war is not over – 44-year old Halle has other films booked and Gabriel is already planning a paternity suit to legalize his relationship with Nahla. So you can bet on more sparks when the shooting dates arrive.

Stay tuned, guys – there’s more of this drama to come. In the meantime, whose side are you on?…