Kate’s topless pic scandal may affect Halle Berry’s plans to live in France

Updated: Sep 15, 2012, 19:41 PM IST

Washington: Halle Berry’s plans to relocate to France with her daughter could be put on hold by her former boyfriend Gabriel Aubrey after topless photos of Kate Middleton were published in a French magazine.

The 46-year-old actress had been hoping to move to France with Nahla, four, to be with actor fiance Olivier Martinez.

However her case could be harmed if her former boyfriend Aubrey uses the new press issue in his argument.

Berry’s legal representative has been trying to convince the judge in her custody battle, that their child is better off living in France with her mother because there the paparazzi are more respectful of celebs.

Aubrey has already used the paparazzi chasing Princess Diana to her death in 1997, as a reason for not benefiting from the relocation.

Now Aubrey’s lawyers can also mention the Duchess of Cornwall’ photographs, which were taken by an intrusive photographer, by using a telephoto lens to capture intimate shots of her on a secluded balcony.

Berry’s lawyer had previously called several French lawyers - who testified that French judges will punish any photo press members who pursue the famous family.