The latest chapter in the contentious custody battle between Gabriel Aubry and Halle Berry looks like an episode of the “Real Housewives of Orange County” met a Rocky movie. According to TMZ, an altercation erupted between Aubry and Olivier Martinez, Berry’s current boyfriend that led to both parties nursing injuries and filing competing restraining orders.
Apparently words were exchanged when Aubry came to Berry’s home for a custodial exchange. Witnesses allege that Martinez told Aubry that he and Berry “had to move on”, and that this led to the fight. The police were soon called and Aubry was arrested on suspicion of battery. He is yet to be formally charged.
Unfortunately, family court judges are no strangers to warring parties who come to blows over competing relationships. They are also very familiar with how emotional parents can be bated into physical exchanges (which subsequently lead to restraining orders) that can give one parent an advantage in custody proceedings.
Indeed, judges take domestic violence very seriously and do not want to put children in situations where they would see a parent being abused, or where a caregiver continually uses poor judgment. Given what we know about the Thanksgiving fracas, that doesn’t appear to be the case here. However, additional facts may soon come to light that could change this analysis. Nevertheless, when problems like this occur, judges are inclined to make changes regarding exchanges.
It remains to be seen whether parenting time will be modified here. At any rate, the court will expect these parents to act like adults and keep their hands to themselves.
Source: TMZ.com, Gabriel Aubry arrested after brutal brawl at Halle Berry’s, November 23, 2012