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Halle Berry Recruits Salma Hayek in Custody Battle to Move to Paris

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By Deanne Katz, Esq. on August 17, 2012 6:45 AM

Halle Berry was in court Thursday to petition a judge to let her move to Paris, and she enlisted pal Salma Hayek to help her make the case.

Berry wants to move to Paris, France with her 4-year-old daughter Nahla. But she can't without a judge's permission.

The reason for the move is allegedly safety. Berry claims that paparazzi are endangering her daughter with their aggressive stalking. Her ex-husband and Nahla's father, Gabriel Aubry, doesn't want them to move. His objection is the reason Berry can't just pick up and leave.

Child custody arrangements are tricky at the best of times but when one party wants to move out of state it gets even more complicated.

Relocation affects the rights of both parents and state laws on child custody have different requirements on out-of-state moves. Some permit it as long no one objects, others require the non-custodial parent to give express consent.

State law in California requires the custodial parent to make their case at a hearing.

If the issue comes before a court the judge must decide if the move is a good idea. 'Good faith' reasons for moving include a new job, a safer environment, or a better support network for child care. It does not include an intentional attempt to keep a child away from one parent.

Making the argument for moving out-of-state requires a lot of information. Berry is relying on her attorney to help make her case.

Her reason for moving is to avoid paparazzi and give Nahla as normal a life as possible, reports The Examiner.

In support of that argument she's reportedly going to show videos of paparazzi stalking and is calling several witnesses to testify. One of those witnesses is Salma Hayek.

Hayek already submitted a declaration stating that France is much safer for celebrities due in part to laws the prohibit harassing celebrities in public, reports TMZ. She lives much of the year in France with her husband and daughter.

Those protections are likely a response to the death of Princess Diana and the role French paparazzi played in her accident.

Even if Salma Hayek's testimony does help Halle Berry and her daughter move to France, it can't permanently keep Aubrey away from his child. He will most likely get visitation rights which the court will have to work out when it makes its ruling.

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