Halle Berry is going to court to convince a judge to allow her to move to France with daughter Nahla over concerns about her safety around aggressive paparazzi.

The actress is currently embroiled in a bitter custody battle with ex Gabriel Aubry over the little girl, as she wants to move overseas to her fiance Olivier Martinez’s European home country.

Aubry is strongly contesting the star’s plan because he is worried he will grow distant from his child.

According to TMZ, Berry is using aggressive paparazzi as an argument to prove it is not safe for her to remain living in the US.

The Oscar-winning actress has subpoenaed a particularly bothersome photographer to support her case.

Paparazzo Andrew Deetz is said to be testifying that in order to do his job, he has to use methods that might be considered questionable.

“We’ve spoken with sources connected with expert witnesses who will testify Halle and Nahla will get safe haven in France, where it’s a crime to harass celebrities in public,” TMZ reports.

It is difficult to determine whether Berry’s plea will be successful, as a recent report put together by child custody investigators suggested moving Nahla to Europe might not be in the four-year-old’s best interest.

A child psychologist issued concerns about the effect leaving her father might have on the little girl.

However, the final decision on the proposed move lies with a judge.