16 November 2012
Family Lawyer Kirsten Grotte discusses Halle Berry losing the right to move daughter abroad
It has recently been reported in the Daily Mail that Hollywood actress, Halle Berry has been refused the right to be able to move her 4 year old daughter to Paris to live with her. The court granted the father, Gabriel Aubry, his application to prevent Halle from moving their daughter, Nahla from his home in Los Angeles to Paris. The article states that the father’s reasons for making the application was because if his daughter moved to Paris, then “it would make it difficult for him to sustain hisclose relationship” with her. It then goes on to say that Halle’s arguments for wanting to move her daughter away was because “Los Angeles was not the ideal place for her daughter to grow up, due to the glare of the paparazzi”.
I would have thought that regardless of where Halle Berry moves to, whether it is internally within America or across the other side of the world, she will always have paparazzi following her. I would imagine this is something her daughter has probably been used to since the day she was born as a result of her mother’s worldwide celebrity status. In England and Wales, if a parent takes or keeps a child abroad without having obtained the prior consent of the other parent or obtained the court’s permission then this would be classed as Abduction.
If this case were dealt here, then really the onus would be on Halle Berry to make an application to the court to permit her to remove her daughter from the jurisdiction so that they can reside together in Paris. However it is the father in this case who made the initial application, and so in this country it would be an application for a Prohibited Steps Order. This order effectively prevents the removal of the child from this jurisdiction and the father would also apply for a Residence Order so that his daughter can remain living with him. When making a decision about a Child, the court will always have the child’s welfare as their paramount consideration and they will make an order that is in their best interests taking in to account a number of factors that make up the Welfare Checklist.
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