Halle Berry failed to get an immediate stay-away order against her former boyfriend Gabriel Aubry, to keep him from seeing their 3-year-old daughter Nahla.
The 'Monster's Ball' actress asked for the emergency hearing after the child's nanny Alliance Kamdem made explosive allegations claiming Aubry turned violent last week and almost knocked her over while she held the toddler. Aubry's lawyer Gary Fishbein told the New York Daily News "nothing happened."
Los Angeles County Superior Court Commissioner Scott Gordon ordered both sides back to court Monday for a follow-up hearing before Judge Mark Juhas (who's been handling the case but is on vacation this week), a source close to the matter said.
In the meantime, Fishbein said Aubry "absolutely" has access to his daughter. Berry had made her appearance in court on crutches but it was unclear what had injured her right leg. The exes started the tense morning sitting at opposite sides of a large second-floor gallery.
Aubry, 36, stared at the actress as she entered for the private hearing and shook his head with apparent annoyance while she looked straight ahead. Berry and Aubry's ugly tiff turned public Monday when Tmz.com reported him as being the subject of a criminal battery investigation following Kamdem's police report.
She claimed in court paperwork that Aubry flew into a rage last Wednesday after she questioned him about Nahla's absence from school and an apparent lack of communication. She has since quit from her job.
The nanny claimed the 6' 3" model pushed her with such force that she would have fallen with Nahla in her arms if not for a wall behind her. A different judge declined Kamdem's request for a personal restraining order against Aubry.