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Following extensive interviews with actress Halle Berry, model Gabriel Aubrey, 4-year-old Nahla and others, the custody evaluator, a psychologist, concluded that Halle Berry is the better parent, according to TMZ.

TMZ reports sources claim there was concern about Aubrey’s ability to care for Nahla, in part because of personal issues. “We’re told the evaluator did not question Gabriel’s love for his daughter or her love for him, but the report does cast doubt on his ability to assume responsibility for the custody and care for the little girl,” TMZ reports.

The judge will decide the custody arrangement later this month, and whether Berry gets her wish to move to Paris with Nahla, which Aubrey vigorously opposes.

Under California law, the judge cannot question the fact that Halle is moving to Paris. He can’t tell her she’s not allowed to move, nor can he conclude that she’s bluffing, according to TMZ. The judge must accept as fact that Berry is moving to France.