Halle Berry entered a Los Angeles courtroom on Tuesday morning on crutches for an emergency hearing.
The actress planned to ask a judge to prohibit her former partner Gabriel Aubry from having contact with their 3-year-old daughter Nahla until after his child endangerment investigation is resolved, OnTheRedCarpet.com has confirmed.
The Los Angeles Police Department is in the midst of a criminal battery and child endangerment investigation with the model after he allegedly shoved the former couple's nanny while Nahla was in her arms on January 18.
The nanny Alliance Kamdem told investigators she had gone to pick Nahla up from school but was told that she never showed up. The nanny then went to Aubry's home where she picked up his daughter and asked why he hadn't taken her. It was then that Aubry went on a racist rant, screaming and cursing at Kamdem, before finally pushing her.
An OnTheRedCarpet.com correspondent at the court room reported that Aubry was rolling his eyes while reading newly-served documents. Because it is a paternity case, the information and courtroom will be sealed.
Halle Berry injured her foot in Spain in September 2011, trying to catch up with her daughter who was chasing a goat. She sported a walking cast while strolling down a street in Los Angeles, as seen in candid celebrity photos released earlier this month and posted on websites such as The Superficial but appeared in crutches in the court room, as seen in the courtroom sketch posted above.
The custody battle has been underway for over a year and turned ugly last February when tabloid headlines speculated that she was "traumatized" after a visit with Aubrey.
The public battle came a month after former model Aubrey filed court papers in Los Angeles Superior Court to establish paternity and secure joint legal custody on December 30, 2010.
In February 2011, Berry's spokesperson released a statement to People magazine that read: "Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her. She has attempted to resolve these custody issues amicably with her daughter's father, Gabriel Aubry, directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."
Berry's statement also said she was forced to pull out of filming "New Year's Eve" in order to make time for court. Katherine Heigl was hired to take over Berry's role in the star-studded ensemble film.
A spokesperson for Aubry released a statement to Access Hollywood at the time saying, "While Gabriel is disappointed in Halle's decision to falsely malign him publicly and for her own purposes, he refuses to be pulled into her dispute over a canceled film production."
The statement continued, "Gabriel also refuses to air their issues in the press as he believes this may ultimately harm their daughter. The fact is that Gabriel is a caring father who shares custody of Nahla,"
Aubry's statement went on to call the allegations in the press, "untrue and irresponsible."
In April 2010, it was reported that Berry and Aubry broke up. Earlier in the month, Berry was rumored to be engaged to French actor Olivier Martinez, but the actress has not commented on the reports.
UPDATE: A source close to the case told OnTheRedCarpet.com that the judge decided to keep all the orders in place and not change the current custody agreement because he was not the regular judge assigned to the case. The regular judge returns to court on Monday, when both parties will return to discuss Berry's request.