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Custody battle between Halle Berry, ex returns to court

November 29, 2012 |  7:40 am

The bitter custody battle between actress Halle Berry and her ex-boyfriend Gabriel Aubry -- who got into a nasty fight with Berry's fiance on Thanksgiving -- continues in a downtown L.A. courtroom Thursday.

Aubry has been barred from seeing 4-year-old Nahla under an emergency restraining order granted last week after the Thanksgiving brawl between Aubry and actor Olivier Martinez. On Tuesday, a judge rejected Aubry's bid to have the order lifted.

The fight, which broke out in the driveway of Berry's home as Aubry was dropping off Nahla, landed Aubry and Martinez in the same hospital emergency room. Aubry was subsequently arrested on suspicion of battery and released on bail.

PHOTOS: Halle Berry, Gabriel Aubry, Olivier Martinez

The restraining order requires Aubry to stay at least 100 yards from Berry, their daughter and Martinez. It expires Thursday, but Berry could ask for a new one.

Aubry is seeking his own protective order against Martinez, who he says threatened to kill him during the fight, which left Aubry with broken ribs and a bruised face.

In court documents, Aubry claims he was about to get in his car to leave when Martinez told him they needed to talk.

"All of a sudden, Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to the ground," Aubry said. "He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway."

Since ending the relationship, Berry and Aubry have fought over whether Berry should have primary custody or joint custody with Aubry. They shared custody, but in 2011, Berry sought permission to move to Paris with her daughter.

Los Angeles County Superior Court Judge Mark A. Juhas denied the request this month. Aubry is scheduled to appear in court in connection with the Thanksgiving incident on Dec. 13.

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-- Andrew Blankstein

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