Gabriel Aubry Requesting Olivier Martinez Be Prohibited From Having Any Contact With Daughter
Posted on Nov 27, 2012 @ 01:04PM
Pacific Coast News
By Jen Heger - Radar Assistant Managing Editor
UPDATE: A judge has ruled that Gabriel Aubry will be allowed
to resume visitation with Nahla, with unspecified precautions in place
to protect her safety. Story developing…
Halle Berry's baby daddy, Gabriel Aubry, is headed to a Los Angeles courthouse Tuesday to ask a judge to formally re-instate his visitation with their four year old daughter, Nahla, and to request that the Academy award winning actresses' fiance, Olivier Martinez be prohibited from having any contact with the toddler, RadarOnline.com is exclusively reporting.
"Gabe has had enough, he has now twice been accused of criminal behavior resulting in his recent arrest after a fight with Olivier Martinez
on Thanksgiving," a source close to the situation tells RadarOnline.com
exclusively. "Gabe will ask the judge to prohibit Martinez from having
any contact with Nahla. Gabe will also ask the judge to re-instate his
visitation with Nahla after Halle obtained a protective order after Gabe's arrest which doesn't allow him to have any contact with his little girl.
HOTOS: Gabriel Aubry's Shocking Injuries Following Thanksgiving Beat Down With Olivier Martinez
"Gabe believes that the judge will be disturbed by the fact that
Olivier suddenly inserted himself into the custody hand off on Thursday.
Halle's nanny/housekeeper is supposed to be the go-between for the
parents when Gabe picks up and drops off Nahla."
As RadarOnline.com previously reported,
Aubry repeatedly asked cops to secure security footage before it was
destroyed, following the brutal fight he was involved in with Martinez.
PHOTOS: Halle Berry's Fiance Checked Up After Brawl
Radar was first to report
on the existence of the footage, which was captured on Berry's security
cameras at her property, and Aubry references it in his application
for a restraining order against Martinez, which was granted on Monday.
According to the sworn declaration within his TRO application,
Gabriel took Nahla to her school play the day before
Thanksgiving. Halle and Olivier also went and Aubry alleges that Olivier
walked up to him and whispered in French in his ear: "I wish I could
beat the s**t out of you right now. You're lucky we're in a school right
now. We're going to take Nahla right now and you're not going to follow
PHOTOS: Sexy Stars Who Have Been Arrested
The following day, Gabriel arrived at Halle’s home with Nahla around
10 a.m. Gabriel states in his declaration that contrary to their usual
arrangement, Olivier was the first to come out of the door – stating
that normally he is met by a nanny. Gabriel then claims in his TRO application that Olivier said: "We need to talk."
Gabriel goes on to allege that he turned his back on Olivier and
walked towards his car. Gabriel then claims in the court documents that
Olivier jumped off the stairs and knocked him to the ground before brutally beating him. Gabriel also claims in his sworn declaration that Olivier screamed that he has cost them $3 million in their custody battle.
PHOTOS: Nahla Aubry & Dad Gabriel Play At The Park
Gabriel then claims in the court documents that Olivier took his head
in his hands and slammed it on the concrete driveway and raged that the
family was going to move to Paris and Gabriel should follow too or
Olivier would kill him.
Then, Gabriel claims in his sworn declaration, Olivier said, "We
called the cops," and when they arrive, "you’re going to tell them that
you’re the one who attacked me, or I’m going to kill you."
PHOTOS: Halle Berry & Nahla At The Yo Gabba Gabba Live! Show
Also disturbing to Aubry was what his daughter Nahla said before the explosive fight, according to the court docs.
"I remember thinking that is was odd for [Olivier] to be there, as he
is generally not present during custody transition. Nahla was in the
backseat on the passenger side,
and suddenly exclaimed, 'Olivier is here. I'm scared.' I recall
thinking it was strange for Nahla to have said that and was concerned by
it. I saw Miriam(nanny/houskeeper) then come outside towards my car,
at which point Nahla became visibly upset and anxious, but I did not
know why. I tried to reassure and calm Nahla and told her it was ok,"
Aubry says in his sworn declaration.
PHOTOS: Halle Berry Shows Off Nahla Aubry’s Revealing School Project
"Gabriel is going to fight like hell to make sure he can see his
daughter as soon as possible. Gabe won't back down," the insider says.
Halle Berry is expected to attend the emergency custody hearing
Tuesday and Aubry is being advised that he can't because of the
emergency protective order prohibiting him from being within 100 feet of
PHOTOS: Nahla Aubry Dresses Up Like A Doll And Hits The Pumpkin Patch With Halle Berry
Stay tuned to RadarOnline.com for developments on this story.