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Well a bitter custody battle just getting a whole lot nastier Halley Berry's ex boyfriend.
Boston at the stars Hollywood home after -- Thanksgiving brawl.
We Berry's new fiancee.
Berry and her -- snot -- of best of terms his name is Gabriel Aubrey.
There currently fighting for custody of their four year old daughter -- joining us now couple of fine lawyers constant.
Former prosecutor and criminal defense attorney Mercedes Colwin Fox News legal analyst and just for the record the new boyfriend -- is Olivier Martinez.
-- had just said that everybody knows the players here.
-- Mercedes if there is a propensity toward violence and I'm speaking of Gabriel Aubrey.
Does that jeopardize.
His ability to have custody or partial custody of his own daughter.
-- them that you nailed it right on the head because the big issue is what's in the best interests of the child.
So if there are violent propensity -- if there's unexpected behavior if he has anything that shows an explosive personality and certainly.
It's not put it certainly.
Problematic video has a eighty restraining order against him.
To protect not.
-- -- -- -- -- So already the judges made some presumption that he was won the aggressor to that he had been that he poses a threat to there's four year old daughter.
And given those circumstances when you get into the custody ring.
The judges going to look at this and say women we -- four year old who was extremely vulnerable and you pose a threat to this job and -- already had an independent judge making that very same ruling it.
What time it is not the first time allegedly he pushed a nanny woman -- he was holding a four year old daughter.
That resulted in an investigation into an order that you know he undergo anger management -- counseling so what now.
Yet you know Greg I agree with the Mercedes in the sense I think the key term is whether there is a propensity for violence look.
I'm not trying to underestimate the seriousness of what happened yesterday at the -- home but this is not the first time.
That a you know father has gotten into a physical spat with the with his x.'s new -- -- -- it happens I think the real test is.
About whether or not it is.
Impacting the child either emotionally or has the potentially but -- potential -- the child at physical risk now would respect the order protection.
Yes there was in your order protection issue but I can tell you as someone who practices regularly in the criminal courts that those orders of protection.
Are given that act out -- arraignment would ever there is anything to do it any sort of domestic -- or even a simple assault.
They're the the judges that issued you -- -- whether that -- and qaeda's membership.
There's a difference -- because the order protections also to protect the child I mean it's understandable why there would be one with Oliver.
And perhaps even -- the -- of the child in the mix that judge made some -- conclusion that he pose a threat but but that's that's what I was not involved.
That thought the child was not involved -- the ultimately -- -- Kelly pointed child out.
There there there was there was no fact finding -- -- all the judge knew was that there was an allegation that child was president.
An issue that order that's all it takes in a family -- you know it is and as you already pointed out it's a much more detailed analysis right.
Thought let me let me get your thoughts on one more thing holly -- just wants to get out of the United -- she wants to move -- new boyfriend.
Now Bob that.
Puts the natural father -- robbery in a difficult position don't courts increasingly as well as experts say hey wait a minute.
Even non custodial parents.
Play a vital role in the mental and emotional well being of their children.
Absolutely look -- -- wanna do everything they -- even in situations where one of the parents -- both of the parents may have some issues and problems they wanna do everything they can to Foster both parents relationships within relationship with a child and again it goes back that yes she is not -- be allowed Mercedes to move to France with the child issues.
And probably not but this certainly puts it a little advances to her plead to let her move because.
It's knowledge four years old she's vulnerable he may pose a threat why allow him to have unfettered access Turkey's she remains in and I say all right well it.
As far as the Turkey fight you know I'm Gabriel -- innocent until proven guilty is wait and see what happens there Tom could have Mercedes -- courtesy of thanks.
Thanks -- practice it Greg thank you well.
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