Halle Berry has moved on from her broken romance with model Gabriel Aubry and plans to move to France with fiancé Olivier Martinez. Unfortunately, her ex isn’t giving up that easily and has gone to court to keep Berry and their daughter Nahla here in the states.

Berry thinks she and Nahla will be safer from the prying paparazzi in France, because that country has much stricter laws governing how far the aggressive cameramen are allowed to go. A pap convicted of harassing a famous person could wind up in jail over there.

In court today, Aubry’s attorney countered this with the case of Princess Diana, who was killed in a paparazzi auto chase back in 1997. Aubry is concerned that Berry and their daughter could face a similar fate.

While Aubry’s concern may sound all warm and paternal, it could also be stemming from his jealousy at being replaced and fear that he’ll be totally cut out of his daughter’s life. The sparring between these two beautiful people has been ugly ever since their breakup, not long after Nahla was born.

The trial is expected to drag on several weeks.