Kate Middleton Photo Scandal Could Be Instrumental in Halle Berry Custody Battle

Halle Berry’s baby-daddy drama is headed back to court — and Kate Middleton’s topless photo scandal could be the centerpiece of the case.

The Oscar-winning stunner wants to move to France with her beau Olivier Martinez. But it’s her plan to take her four-year-old daughter with her that has Gabriel Aubry seeing red.

After more than a year spent in and out of family court — and the tabloids — Halle’s reportedly hoping to put a continent and a few bodies of water between herself and the war with her (allegedly) hot-tempered baby daddy.

Berry has filed a request with a Los Angeles court to move to France with Nahla, the daughter she shares with Aubry, a Canadian-born model. Berry is seeking the court’s approval to leave the States and move to the City of Lights with her French-born beau.

In news that will surprise (Drumroll, please…) absolutely no one, Halle’s filing has left Aubry incensed.

Berry, 45, is trying to convince the judge in her custody battle that the international move would ensure Nahla’s safety since French paparazzos tend to be more respectful than their Los Angeles counterparts. Under French law, members of the paparazzi cannot photograph celebrities who don’t want their pictures taken, even if they’re out in public. Photographers who violate the law can be sued and/or criminally prosecuted for harassment.

But Halle’s argument could come apart at the seams if Aubry uses Middleton’s photo scandal in his rebuttal.

According to TMZ, Aubrey’s legal team will likely use the publication of the Kate Middleton topless photographs in his case to keep Nahla in the country. Gabriel was already using the 1997 paparazzi-related death of Princess Diana as an argument against relocating the child. Now Gabriel’s lawyers could mention the images taken of the Duchess of Cambridge, which were alleged shot will a telephoto lens as the princess sunbathed on a secluded balcony.