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EXCLUSIVE: Halle Berry Custody Battle Over Daughter Heats Up

May 19 2010, Published 10:30 a.m. ET

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The custody battle between Halle Berry and her baby daddy Gabriel Aubry is heating up, with Gabriel recently exploring his legal options, RadarOnline.com learned exclusively.

Halle is scheduled to spend three months shooting a movie in South Africa and that triggered Gabriel to consider his legal options to fight for permanent custody of their daughter Nahla, a source close to the situation told RadarOnline.com exclusively.

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RadarOnline.com broke the story that Halle and Gabriel secretly split months ago and had been to a lawyer to work out financial and custody issues. They have joint custody but in the past few weeks it has been difficult for Gabriel to spend time with Nahla, the source said.

“It’s been pretty difficult for Gabriel to see Nahla the last few weeks,” a source close to the situation tells RadarOnline.com. “He’s really getting sick of it and it’s getting to the point where he is seriously considering his options regarding pursuing permanent custody. He refuses to give up rights to his daughter, he loves her more than anything and is determined to be a regular, full time fixture in her life.”

Gabriel refused to spend three months away from his daughter with Halle scheduled to film in South Africa during July, August and September.

“The latest issue is that Halle is due to move to South Africa during July, August and September to work on a movie and she wants to take Nahla with her full time. That would mean Gabriel not seeing his daughter for three whole months and there’s no way he’s going to allow that,” the source told RadarOnline.com

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Halle and Nahla reached a stalemate with both unwilling to give up their daughter during Halle’s three-month shoot.

“Gabriel requested that he be allowed to keep Nahla with him in Los Angeles but Halle wouldn’t let that happen, so the two reached a total stalemate and it started getting nasty, with both of them looking into entering a legal battle,” the source said.

“In the end they reached an agreement. Basically Halle is going to pay Gabriel to be a kind of full time nanny and to come to South Africa for the three months she’s there, and to be Nahla’s full-time caregiver.

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“Halle has a huge house that’s being rented for her and she and Gabriel are going to try to live under the same roof and get along for the sake of Nahla.

“Heaven only knows how that’s going to work out, as they haven’t been on the best of terms lately, but they do both love their daughter so maybe they can make it work.

“Halle has got a contingency plan though. If it doesn’t work out with them both living in the same property, she has agreed to rent a house for Gabriel near where she will be staying, and then he gets to look after Nahla all day while she’s working, and return to his place at night.

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“It’s certainly not a conventional solution, but who knows, maybe it will work for them. One thing is for certain though – this definitely is not any kind of attempt at reconciliation. It is definitely 100% over between these two, and if it wasn’t for the fact of sharing a child together they would quite happily never see each other again.

“As it is they are stuck with each other, and I guess all they can do is try to make things as harmonious as possible for the sake of Nahla – she is the number one priority for both of them – so maybe, for her sake, they can make it work.”

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