Cooler heads prevail in Berry / Aubry custody dispute

Last week we reported on the brawl at Halle Berry's home between Gabriel Aubry and Olivier Martinez and how it left both men bloodied, bruised and angling for restraining orders against each other. Aubry was arrested on suspicion of criminal battery, which potentially threatened not only his continued parenting time and custody arrangement, but also threatened his immigration status (he is in the U.S. on a work visa).

It appears that cooler heads have prevailed (at least for now), as Berry and Aubry's lawyers have reached an agreement that will reportedly allow the parties to continue co-parenting their daughter. It also appears that the criminal charges against Aubry will be dropped as well, as investigators believe that the altercation was a case of mutual combat, thus relieving him of criminal liability.

Details regarding the restraining order (that requires Aubry to stay at least 100 yards away from Berry and Martinez) were not revealed, but it is expected that the order will be modified to allow Aubry to maintain his parenting time schedule.

Courts take domestic violence very seriously and expect parents to be civil when it comes to co-parenting. While the altercation did not involve Berry and Aubry directly, it certainly raises an uncomfortable specter of violence that judges must consider when making custody decisions.

Suffice it to say, parents must work together to resolve custody and parenting time disputes without resorting to physical altercations. More importantly, they should avoid being baited into fights that could possibly harm their legal positions.

Source:, Halle Berry, Gabriel Aubry Make Peace, November 30, 2012

No Comments

Leave a comment
Comment Information

Get Answers To Your Questions

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

12777 Jones Road, Suite 150
Houston, TX 77070

Phone: 281-894-1590
Fax: 281-894-1992
Map & Directions

Tomball Office
500 West Main
Tomball, Texas 77375

Map & Directions