Halle Berry is "unlikely" to get the legal permission to move to France, it has been reported.

The actress has formally petitioned to leave the US with daughter Nahla to start a new life in Europe with fiancé Olivier Martinez.

However, Nahla's father Gabriel Aubry is said to be against the move and has wowed to battle her request in court.

Under the current terms of their joint custody agreement neither parent is allowed to move out of Los Angeles County without the other's agreement.

"Gabriel feels that Halle is just being vengeful and vindictive by attempting to move Nahla to France," an insider told RadarOnline.com exclusively.

The model is said to be unconvinced that Halle wants to leave Los Angeles over fears for her safety.

The actress is reportedly worried about Madonna's stalker Robert Hoskins, who is now thought to be after Halle.

Robert is believed to have just "walked away" from a mental institution and is described as "highly psychotic when not taking his medication and has very violent tendencies".

"If Halle is concerned for her safety, why is she routinely seen around town without a bodyguard? Yes, she has had several stalkers over the years, but she has a top of the line security system at her house, and she can certainly afford to move to a safer location in Los Angeles in a gated community. Why would Halle want to take the father of her daughter out of her life and move to a foreign country? It just defies logic," the source added.

According to the insider, Gabriel's lawyers have told him that "they think it's very unlikely the judge will grant Halle's request."

The Canadian-born fashion star is believed to be using his ex-partner's surprise engagement as an argument against the move.

His legal team is also expected to try to convince the judge that three-year-old Nahla will be isolated from family and friends in France and will struggle with the language barrier.

"Halle will be getting married for the third time. Gabriel's lawyers are going to argue that there is nothing to guarantee this marriage will last. What then? Nahla could be uprooted again, she isn't luggage for heaven's sake," the source said. "She needs her father in her life. Nahla and Gabriel are very, very close. He has always played a major role in Nahla's life and the fact the Halle is attempting to sever that relationship disgusts him. Nahla would be very isolated in France, primarily because the lack of family and friends, and the language barrier."

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