Halle Berry and her ex boyfriend Gabriel Aubry have been recommended by Los Angeles social workers to keep joint custody of their 3-year-old daughter Nahla, despite the actress' request for a restraining order against the model.

Gabriel Aubry and Halle Berry

The estranged couple had headed to a Los Angeles court on Monday over accusations that Aubry, 36, assaulted nanny Alliance Kamdem while she held Nahla and repeatedly yelled and cursed at her in the presence of the child. Aubry, who dated Berry from 2005 to 2010, denies the claims.

"There was nothing found to substantiate the nanny's claims, and social workers felt that a restraining order that Halle was seeking wasn't necessary, and would actually harm Nahla by keeping her from her father," the Daily Telegraph quoted a source as telling Radar Online.

"Social workers recommended that absolutely no changes be made in the current custody agreement, which the judge gives tremendous weight and consideration to," the source said. Berry's daughter has been recommended to have counselling by family services.

The pair began their bitter legal battle after an alleged argument between Aubry and the nanny about two weeks ago. "The nanny went to pick Nahla up at school and she wasn't there, so she went to Gabriel's home," the source told the entertainment website.
"Gabriel and the nanny got into an argument because no one alerted her that Nahla didn't go to school." A law enforcement source revealed that it was unlikely Aubry would be charged with any crime in relation to the nanny's claims including that he pushed her into a door with Nahla in her arms.

Social workers also recommended Berry, 45, and Aubry take parenting classes together. "The classes will give them the tools to work through their issues, and hopefully become better parents for it," the source added.