No “Au Revoir” for Halle Berry

Oscar-winning actress Halle Berry will not be allowed to move permanently to France with her four-year-old daughter Nahla Ariela Aubry, a ruling made on Friday by a California judge. Nahla’s father, Gabriel Aubry is a Canadian actor and model who lives and works in Los Angeles.

Ms. Berry has battled Nahla’s father since the couple separated in 2010, pulling out the usual grab-bag of custody tricks, including her refusal to pay child support to him, later rectified by a judge who ordered that she pay $20,000 to Mr. Aubry as a joint custodial parent. There was also a failed attempt to suggest that Mr. Aubry has been “physical” with Nahla’s nanny. After a complete investigation, accompanied by a period of supervised access for Mr. Aubry, the allegations were thrown out.

When a parent applies to the court to move permanently with a child to a jurisdiction far away from home and the child’s other parent, there are a number of considerations that come into play. Is the move in the child’s best interests? The factors include:

1. Will the child be able to maintain a relationship with the left-behind parent?
2. Will the quality of the relationship with the left-behind parent be sufficient to continue the parental bond?
3. How far will the child and left-behind parent have to travel to maintain their relationship?
4. How much will it cost for the left-behind parent to travel to visit the child and who will pay the expenses?
5. Will the change in the child’s permanent residence impact on the involvement of extended family in the child’s life, such as maternal and paternal grandparents, aunts, uncles and cousins?
6. Will the move enhance the child and moving parent’s quality of life in regards to better opportunities for financial security?
7. Is the motive for the move an attempt to minimize parenting time to the other parent?

Ms. Berry’s rationale for the move is that she did not want her daughter growing up around paparazzi and the tabloids, arguing that she could provide more privacy, and a greater sense of security for her daughter in France, where coincidentally, her latest boyfriend lives.

Ms. Berry must have forgotten that Princess Diana’s death was attributed to overzealous paparazzi in Paris and that Kate Middleton’s recent nude photos were taken in France, by a local celebrity photographer. I’m sure Mr. Aubry’s lawyer remembered.

Lawdiva aka Georgialee Lang

Kim Kardashian Faces Allegations of Marriage Fraud

Kim Kardashian may have lost her role as the mistress of the “bigtop” in the circus of the Kardashian/Humphries divorce.

Kris Humphries just filed a claim in the California courts for an order annulling his marriage to Ms. Kardashian on the basis of fraud. If an annulment is granted, it is as if there was no marriage at all.

How does one qualify for an annulment rather than a divorce? In British Columbia a marriage may be annulled under any of the following circumstances:

1. The spouses were over the age of seven, but the female spouse was under the age of twelve and the male spouse was under the age of fourteen;

2. One of both of the spouses did not consent to the marriage or were under duress or were coerced into the marriage;

3. The male spouse is impotent or the female spouse is sterile;

4. The marriage cannot be consummated;

5. The marriage was a sham;

6. One or both of the spouses agreed to marry as a result of fraud or misrepresentation.

Mr. Humphries says that Kim mislead him to believe their marriage would be “til death do us part”, but her real motive was ratings on the Kardashian reality television show. His view is shared by Ms. Kardashian’s former publicist, Jonathan Jaxson, who publicly opined that Kim never intended her marriage to Kris to be real, as she was still pining for old boyfriend Reggie Bush. Kim’s now suing Jaxson for breaching a confidentiality contract, although she may have trouble with that since neither Jaxson or Kim signed the contract.

When Kim filed for divorce and then left town, she apparently blindsided Mr. Humphries. Looks like she’s getting a little of her own medicine back and is reportedly incensed.

I’m having trouble conjuring up any sympathy for her. What do you think?

Lawdiva aka Georgialee Lang