The Duchess of Cambridge's topless photo scandal may adversely impact Halle Berry's custody case.

Halle is currently in the midst of a bitter custody battle with her ex-partner Gabriel Aubry over their four-year-old daughter Nahla.

The actress wants to move to France with Nahla and her fiance Olivier Martinez, claiming that the European country is safer for the family because the paparazzi there are less intrusive.

This week French magazine Closer published topless pictures of Catherine Middleton captured when she and husband Prince William were enjoying a holiday in Provence last week.

A source told TMZ that Gabriel's lawyers are planning to use this scandal in their defence.

Halle is sick of being harassed by paparazzi and claims that she and Nahla won't have to deal with that as much in France.

Since Duchess Catherine's photos were snapped intrusively and without her knowledge, Gabriel's legal team will bring up this issue in court to try to discount Halle's assertions.

Gabriel is strongly contesting the star's plan because he is worried he will grow distant from his child. A recent custody report revealed in court stated that Nahla "shouldn't be separated from her father".

The custody case is still continuing.