Halle Berry’s Custody “Battle”

Halle Berry’s break up and custody case with ex boyfriend, Gabriel Aubry has been a constant source of news in the past months. Aubry reportedly filed a request that Halle not be allowed to travel with the parties’ daughter, Nahla, for a one week movie shoot in February. The Court denied his request. Just weeks later, TMZ.com is reporting that Aubry is again requesting that Halle not be allowed to travel with the parties child to New York to appear in a Broadway play. Aubry reportedly claims that when Halle travels with their child, it interferes with his ability to parent.

At this point, it does not appear that the parties have reached a custody/visitation agreement or that the court has made specific orders with regard to each party’s time with the child. In that case, the only thing stopping Halle from traveling out of state with the parties’ child is the California law mandate that parties to custody case may not remove the minor child from the state of California without a court order or written permission of the other parent. In all likelihood however, since there does not appear to be any orders in place that would interfere with Halle taking the child with her, the Court will allow the child to go with her mother, unless Aubry can show some safety concern or other detriment to the child.

It remains to be seen what will happen with the custody of Halle Berry’s child, but the argument that one parents work schedule interferes with parenting time is not limited to Hollywood divorce and custody cases. In many cases, parents want a 50/50 parenting plan, but their work schedules simply do not allow for it. Often one parent has to travel for work extensively and as a result, misses out on time with their children. Should the traveling parent be allowed to take the children with him/her if feasible? If so, doesn’t that take away from the other parent’s time with the children? Should the working/traveling parent be penalized by missing out on time with the children for earning a living? These are all questions that can come up in any custody dispute. At Mello & Pickering, LLP we can help you navigate this complex area of the law in order to provide the best possible results for you and your child/children. Call us at (408) 288–7800 to set up a 20 minute telephone conference or an in person meeting.