Herbert Dyer, Jr.

Oscar-winning actress Halle Berry and her ex-boyfriend, Gabriel Aubry, were recently in a Los Angeles courtroom fighting over her efforts to leave the country for good and move to France with their daughter, Nahla.

A trial has been set by Judge Mark A. Juhas and is expected to last an entire month.

Aubrey’s objections to the move are based on his and his attorneys’ arguments that both 4-year-old Nahla and Berry herself are likely to face the same fate as the late Princess Diana did in Paris in 1997. Diana was killed in a car accident while being chased by a horde of French reporters through the streets of Paris.

Berry is now engaged to French actor Olivier Martinez. Berry claims that she is actually safer in France than the U.S., especially in light of recent hostile encounters with homegrown American paparazzi and a confirmed stalker. According to TMZ, Andrew Deetz, a “photographer,” took pics of Nahla outside her school earlier this month, and had a “situation” with her mother, Halle. He has been subpoenaed by Berry’s attorneys’ in the relocation battle and will testify in court.

Also, evidence from a Berry friend and an actress in France, Salma Hayek, indicates that France is actually far safer for celebrities and their children since Diana’s death because of the country’s strict laws enacted as a result of that unfortunate accident. Hayek is married to French billionaire François-Henri Pinault and also has a 4-year-old daughter, Valentina.

The relatively new laws regarding coverage of celebrities in France does seem to have tamed the paparazzi there. In fact, they are noticeably more respectful of their subjects than their U.S. counterparts. Indeed, pictures and videos of celebrity children’s faces are not allowed to be publicized in order to specifically protect their privacy.

The judge has closed the court to the public.

Berry is 46 and Aubry is 35. He is a Canadian model. They dated for five years -- from 2005 to 2010. Just this year, though, their troubled relationship reached a new low when Berry filed a restraining order against him. She accused him of pushing not her but their nanny as she (the nanny) held the baby.

The Los Angeles Department of Children and Family Services ultimately investigated but took no action against him for alleged child endangerment.

Whether Aubry truly believes this charge of danger in Paris, and whether or not such a danger exists at all, are, of course, questions for the judge. It is this writer's view, though, that Aubry is probably grasping at straws here. He and Halle have had a very stormy, public relationship from start to finish. It appears that she has finally decided to cut the cord, re-marry (No. 3, for anybody counting), move across an ocean, and take her child with her. And, need we remind ourselves that this is a very powerful woman? With likely limitless resources. I'm thinking Gabe should settle for whatever, likely considerable, "palimony" he can get and move on. She is.