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Gabriel Aubry is set to ask a judge to lift an order banning him from seeing his daughter today.
The French-Canadian model is the subject of an emergency protective order which prevents him from going within 100 yards of his ex-girlfriend Halle Berry and their four-year-old daughter Nahla. The legal instruction was put in place after Gabriel and Halle's fiancé Olivier Martinez came to blows on Thanksgiving Day. Gabriel was charged with one misdemeanour count of battery following the altercation, which left him with fractured ribs and a bruised face.
According to TMZ, Gabriel's legal team are planning to tell the family court that Olivier started the fight, which took place outside Halle's home after Gabriel had dropped his daughter off.
Halle will also have legal representation present at the hearing, with speculation the actress may even appear herself in a bid to oppose Gabriel's motion.
Halle and Gabriel have been involved in an ongoing bitter custody dispute, with Halle recently failing in her court battle to get permission to move her daughter to Olivier's native France.
It has been reported that in the declaration Gabriel made after the fight he claimed Olivier had threatened to take Nahla to France despite the ruling.
It has also been alleged that Olivier repeatedly slammed Gabriel's head on a concrete driveway during their violent clash and demanded that he also move to Paris. On Monday, Gabriel was granted a restraining order against the French actor.
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