Halle Berry’s baby daddy might have punched out his chances for keeping their little girl on this side of the Atlantic.
Gabriel Aubry, arrested after a fight at the actress’ Hollywood Hills home, has been locked in a bitter custody battle over their 4-year-old, Nahla.
Berry wants to move the child to France — the homeland of her actor fiancé, Olivier Martinez — but a judge has refused to let her.
California’s top family-law attorney, however, said yesterday that Aubry’s Thanksgiving throw-down with Martinez could be a game changer.
“Move-away cases are largely determined by who has primary custody,” said Mark Ressa, chairman of the family-law section of the California Bar.
“If this tips the scale in her favor [for primary custody], it gives her a very strong case to move to France. This is a big deal for Mr. Aubry.”
The Oscar-winning actress’ reps and a lawyer for Aubry, a model, couldn’t be immediately reached for comment yesterday.
The brawl broke out Thursday morning when Aubry showed up at Berry’s home to drop off Nahla.
Berry rushed Nahla out of harm’s way when Aubry, 36, and Martinez, 46, began screaming at each other, the gossip site TMZ reported.
The men traded blows moments later, cops said.
As Berry’s fiancé, Martinez might enjoy a home-field advantage in the eyes of the law, Ressa noted yesterday.
“It’s on his turf [Berry’s home], so he has no obligation to retreat from someone confronting him in a place he presumably resides,” Ressa said.
Surveillance cameras at Berry’s pad captured much of the brawl, Radar Online reported yesterday.
Aubry has been telling pals that security video will show he was not the aggressor.
He was booked for misdemeanor battery and posted $20,000 bail, Los Angeles County Sheriff’s jail records show.
TMZ also reported that virtually all the trash-talking between the Paris-born Martinez and the French-Canadian Aubry was done in their native French.
A pal of Martinez told Us Weekly magazine that the 6-foot-2 Aubry “attempted to use his size to intimidate” Martinez.
“He shoved Olivier, then punched him,” the pal said. “Olivier just defended himself.”
Aubry was treated for injuries at Cedars-Sinai Medical Center on Thursday and released hours later.
He was spotted by paparazzi yesterday hitting up a West Hollywood liquor store — at 7:30 a.m.
In footage posted by the photo agency X-17, Aubry appears to call one of the shutterbugs a “parasite” as he drives away.