Aubry Challenges Nanny Requirement In Berry Custody Battle

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October 7, 2011 | 7:00pm EST

Halle Berry’s ex-boyfriend Gabriel Aubry is asking a judge to amend the pair’s custody deal to allow him to spend time with their young daughter without the presence of a childminder.
The Monster’s Ball beauty split from model Aubry last year and they have been embroiled in a custody battle over Nahla ever since.

Berry was granted permission to take her little girl to Europe, where she is shooting her new movie Cloud Atlas, and the former couple agreed on a deal that would give Aubry visitation while abroad.

But Aubry is now looking to adjust the terms of the agreement, which dictated that a nanny must be present at all times whenever he is with Nahla, three.

His lawyer, Gary Fishbein, headed to court on Friday to file the request, which was challenged by Berry’s legal representative Neal Hersh, reports TMZ.com.

A decision is expected to be made within days.

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