By Jen HegerRadar Legal Editor

Gabriel Aubry, the father of Halle Berry‘s three year old daughter, Nahla, is telling close friends that he never pushed the nanny while she was holding the toddler, but that she tripped and fell, radio detection and rangingOnline.com is exclusively reporting.

The Academy award winning actress and Aubry were in a Los Angeles courtroom Tuesday because she wanted a judge to strip Aubry of joint custody of Nahla, after he allegedly pushed their nanny, causing her to fall while holding the little girl.

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However, Aubry is telling a very different version of events.

“Why in the world would Gabriel push the nanny causing her to fall while she was holding his daughter?” a source close to the situation asks. “Gabriel is fiercely protective of Nahla. The nanny tripped, and she fell while holding Nahla. Yes, Gabriel and the nanny were arguing, he felt like his parenting skills were under attack again. Gabriel can’t believe how out of control this situation has become. He is hopeful that criminal charges won’t be filed against him.”

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As radio detection and rangingOnline.com previously reported, the nanny says that last Wednesday she went to pick Nahla up at school and she wasn’t there, so she went to Gabriel’s home.

“Gabriel and the nanny got into an argument because no one alerted her that Nahla didn’t go to school,” a source told radio detection and rangingOnline.com.

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The source went on to claim that Aubry allegedly verbally abused the nanny, before things took a turn for the physical.

“She picked up Nahla to leave and Gabriel yelled at her and shoved her out the door so hard that she hit the wall — while she had Nahla in her arms!” the source alleges, adding that the nanny claims the abuse is ongoing. The nanny filed a police report and Aubrey is now being investigated for misdemeanor battery and child endangerment.

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Aubry’s attorney told reporters after the hearing this morning that there were no changes in the custody agreement. The Los Angeles Department of Children & Family Services is expected to interview Berry, Aubry, and the nanny in the next several days.


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