Halle Berry Holiday Drama Continues – Will It Hurt or Help Her Custody Claim?

In a shocking turn of events, what should have been a nice and joyful holiday for Halle Berry and her family turned violent when a brawl broke out between her fiance, actor Olivier Martinez and her former boyfriend and father of her child, model Gabriel Aubry. The Thanksgiving Day altercation allegedly began after Aubry dropped off daughter Nahla at Berry’s Hollywood home, when Martinez reportedly passed along the simple message: “We need to move on.”

Aubry, who just this past January was accused of pushing a nanny while she held his child, apparently took a swing at Martinez, who in turn acted in self-defense and punched Aubry in the face. The fight seemingly ended after Martinez made a citizen’s arrest and the police arrived. While both men wound up at Cedars-Sinai Medical Center, it seems Aubry made off worse (if there’s any truth in some of the pictures floating around the web) with a broken rib and one hell of a shiner. Martinez was assessed for damage to his hand and neck, but seemingly came out of it relatively unscathed, physically at least.

The brawl is yet another misfortune in a seemingly endless and nasty custody battle that has played out publicly since Berry and Aubry split in 2010. The 46-year-old actress and 37-year-old model met in 2005, with Berry giving birth to Nahla in 2008, but the post-split mediations between the two have been anything but amicable. Most recently, Berry has been trying to move her daughter to her fiance’s native France, citing the decreased presence of paparazzi and exposure as beneficial to her child’s upbringing, but a judge denied the plea in favor of Aubry’s parental rights.

However, this latest hiccup could prove to be the impetus needed for Berry to gain full custody, as she has repeatedly stressed Aubry’s instability and anger issues. While a judge ordered an emergency protection order requiring Aubry to stay 100 yards away from Berry, Martinez, and Nahla following Thursday’s events, it expires tomorrow. Berry will be seeking a full restraining order this week to continue after the protection order ends, which could keep Aubry from seeing his daughter indefinitely.

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