American Actress and Model Halle Berry has been engaged in an emblazoned custody battle with her former boyfriend Gabriel Aubry. Berry has asked that their child, four year old Nahla, be permitted to leave with Berry to live in France. The Los Angeles Court must determine that the move is in the best interest of the child to permit it. The same standard is used here in Florida to permit a moving parent to relocate more than 50 miles away from the other parent.
Proving "best interest of the child" is not always an easy standard. It typically involves a weighing of the pros and cons of moving or staying. In Berry's case, she argues that France has stronger protection for Nahla from the great amount of media attention she would otherwise get here in the states. This sounds like a good argument. Surely, a great amount of media attention and privacy invasion is bad for a child.
Mr. Aubry argues that the real reason for the move is Berry following her new fiance, Oliver Martinez, whom is a french film actor. He cites the fact that she has had two earlier failed marriages which is evidence that this marriage too, is likely to fail.
The courts are also considering the relationship Nahla will be able to have with her father when she lives in France, vs. the relationship they'd have if she remained here. This is a common problem in Family Law where a parent seeks to relocate to a different state with their new partner, often alienating the parent who remains behind.
A Child Custody Evaluation's findings showed that it was not in the best interest of the child to move away, however Judge's may not be bound by the evaluators recommendations.
Nearly every decision when it comes to Florida children is made based on the "best interest of the child" standard. If you have questions about your unique situation and how we may be able to argue the best interest of your child, contact us at (904) 685-1200 for a free initial consultation.