Los Angeles (CNN) -- Halle Berry's lawyers returned to court Tuesday to ask a Los Angeles judge to keep her child's father away from their daughter because of a Thanksgiving Day fight with Berry's fiance. The father, model Gabriel Aubry, claimed in a court filing Monday that the fiance, Olivier Martinez, ambushed him when he was dropping the daughter, 4-year-old Nahla, at Berry's Hollywood Hills home. Police arrested Aubry, 37, and charged him with misdemeanor battery, but he insisted he was not the aggressor in the fistfight, which sent him to a hospital. Berry, 46, and Aubry have been engaged in a bitter legal fight over custody of Nahla since their five-year romance ended in 2010. The battle heated up last year after the Oscar-winning actress announced her engagement to Martinez and asked a family court to allow her to move with the daughter to Paris.
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A judge orders Berry's fiance to keep away from her ex, Gabriel Aubry
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Aubry, her daughter's dad, faces a battery charge after a fight with Olivier Martinez
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Photos show Aubry's injuries, which says happened with Martinez attacked
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Berry and Aubry have battled for two years over custody of young Nahla
Berry, who pays Aubry child support under the shared custody agreement, was told she cannot move to Paris with the child unless @placeholder goes there as well.
In the statement, Aubry said Martinez first threatened him the day before, when Berry and the two men were visiting @placeholder's school.